Bigamy lawyer Hanover County, VA
This page addresses how bigamy—entering a marriage while still lawfully married to another—affects family law matters such as divorce, annulment, property division, and spousal support in Virginia. Law Offices Of SRIS, P.C. represents clients in family law proceedings where a bigamous marriage is an issue; we do not provide criminal defense of bigamy charges. If you have a family law concern involving a bigamous spouse in Hanover County, Mr. Sris and his Of Counsel can advise you on your options. Virginia treats a bigamous subsequent marriage as void from the start, but the parties may still need court orders to resolve custody, support, or the equitable division of assets acquired during the union. Our firm handles family law cases in Hanover County Circuit Court and Hanover County Juvenile and Domestic Relations District Court. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How Bigamy Affects Family Law in Hanover County, Virginia
Hanover County family law matters involving bigamy often arise when one spouse discovers that the other was still married at the time of their wedding. Under Virginia law, a marriage is void if either party had a living spouse and no valid divorce or annulment dissolved the prior marriage. A void marriage is considered as if it never legally existed, which has significant consequences for divorce, property division, custody, and support. The Hanover County Circuit Court at 7507 Library Drive, Suite 201, Hanover, VA 23069, has exclusive jurisdiction over divorce and annulment proceedings in the county. Hanover County Juvenile and Domestic Relations District Court handles standalone custody, visitation, and support matters.
Because a bigamous marriage is void, a divorce may not be technically necessary to dissolve it, but a party often files for an annulment to obtain a judicial declaration of invalidity. However, even without a formal annulment, the parties may have accumulated property, debts, and children, requiring the court to allocate parental responsibilities and determine financial obligations. A court can still order child custody, visitation, and support even when the marriage is void. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Additionally, if a spouse seeks a divorce from the valid first marriage, the bigamy of the other spouse can serve as a ground for divorce on the basis of adultery under Va. Code § 20-91(1), which allows a fault-based divorce with no mandatory separation period. This can affect spousal support and equitable distribution under Va. Code § 20-107.3. Mr. Sris and his Of Counsel represent clients in these complex proceedings, appearing regularly in Hanover County courts.
How Mr. Sris and His Of Counsel Handle Bigamy-Related Family Law Cases
When a family law case involves a bigamous marriage, the legal process begins with a careful evaluation of the facts: whether a valid prior marriage existed, whether it ended before the second marriage, and the jurisdiction where each event occurred. Mr. Sris and his Of Counsel gather documentary evidence such as prior marriage certificates, divorce decrees, and annulment orders to establish the status of the marriages. They then advise the client on the most appropriate legal remedy—annulment of the void marriage, a fault-based divorce from the first marriage citing adultery, or a no-fault separation-based divorce. The approach depends on the client’s goals concerning property division, spousal support, and custody.
The firm handles the procedural steps in Hanover County: filing the complaint, serving the other party, addressing pendente lite motions for temporary relief, and if necessary, presenting evidence at trial. In annulment or divorce proceedings, Mr. Sris and his Of Counsel present evidence that the second marriage was void, and if relevant, that the other party’s bigamy constitutes adultery. The court then determines custody, visitation, and child support under the trusted‑interests and support‑guidelines frameworks, and divides property equitably even though the marriage was void. Our attorneys work to protect the client’s financial and custodial interests while Handling the unique legal issues that void marriages create.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law in Virginia since 1997. He is a former prosecutor and brings extensive courtroom experience to family law litigation. He is experienced in handling the intersection of criminal and family law, including matters involving void marriages, adultery, and annulment. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results. Results may vary. The team includes attorneys with backgrounds in criminal litigation, investigation, and child welfare, which informs the strategy in bigamy-related family law matters where evidence and credibility are central.
Frequently Asked Questions
How does bigamy affect a divorce in Hanover County, Virginia?
Bigamy makes the later marriage void, but it can still serve as a fault ground for divorce from the first marriage. Under Virginia law, a bigamous subsequent marriage is void ab initio, meaning it never legally existed. In a divorce from the valid first marriage, the other spouse’s bigamy may constitute adultery under Va. Code § 20-91(1), which eliminates any separation waiting period. The court at 7507 Library Drive in Hanover decides property division, spousal support, and custody even if the second marriage was invalid. To discuss how bigamy impacts your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a bigamous marriage be annulled in Virginia?
Yes, a party to a void marriage can obtain an annulment to secure a court order confirming the marriage never existed. Although the marriage is legally void, an annulment decree provides a clear record and can help resolve financial and custodial issues. The Hanover County Circuit Court handles annulment proceedings. The court may also address property acquired during the void union using equitable principles similar to those in divorce under Va. Code § 20-107.3. For guidance on pursuing an annulment, contact Law Offices Of SRIS, P.C. for a consultation.
How is property divided when a marriage is bigamous?
Virginia courts may apply equitable distribution principles to divide assets and debts accumulated during a void marriage. Although the marriage is void, the court can consider the parties’ contributions and the circumstances of the relationship. The 11 factors in Va. Code § 20-107.3 guide the judge’s decision, including the duration of the relationship, each party’s contributions, and any misconduct such as bigamy. Complex assets like real estate, retirement accounts, and businesses may require analysis by forensic accountants. Our firm handles property‑division cases in Hanover County. Reach us at (888) 437-7747.
What are the grounds for divorce based on bigamy?
A spouse may file for divorce from the valid marriage on the fault ground of adultery based on the other spouse’s bigamous remarriage. Under Va. Code § 20-91(1), adultery is a fault ground that does not require a separation period. Alternatively, the innocent spouse may choose a no‑fault divorce after living separate and apart for the required time. If children are involved, a property settlement agreement can shorten the separation period to six months in some circumstances. Discuss your options with a family law attorney at (888) 437-7747.
Where are bigamy‑related family law cases heard in Hanover County?
Divorce and annulment cases involving bigamy are filed in Hanover County Circuit Court; custody and support matters may be heard in the Juvenile and Domestic Relations District Court. The Circuit Court is located at 7507 Library Drive, Suite 201, Hanover, VA 23069. The J&DR court handles protective orders, custody, and child support. Our attorneys appear in both courts. We help clients Handling the procedural requirements, including the necessary pleadings and evidence needed to prove the bigamy. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Do I need a lawyer if my spouse committed bigamy?
While you are not required to hire a lawyer, bigamy cases involve complex legal issues that can significantly affect your rights regarding property, support, and custody. An attorney can help you determine whether an annulment or a fault‑based divorce is the better strategy, gather evidence of the prior marriage, and present your case to the court. Mr. Sris and his Of Counsel have extensive experience in family law proceedings in Hanover County and can advise you on the trusted path forward. Call (888) 437-7747 to schedule an appointment.
Hanover County Family Law Resources:
Henrico County Family Law Lawyer |
Chesterfield County Family Law Lawyer |
Fairfax County Family Law Lawyer |
Virginia Code Title 20 – Domestic Relations |
Hanover County Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Case results depend on a variety of factors unique to each case. Law Offices Of SRIS, P.C. is located at 7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225. By appointment only. Phone (888) 437-7747.
For further background applying beyond Hanover County, see bigamy in Virginia.