Bigamy lawyer Madison County, VA
Bigamy—entering into a marriage while a prior marriage is still legally in effect—brings serious family law consequences in Virginia. A bigamous marriage is void from the start under Virginia law, and it can serve as a fault ground for divorce or as the basis for an annulment. For spouses who discover that their partner was already married, the emotional and legal challenges can feel overwhelming. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent clients in Madison County, Virginia, through the family law issues that arise from bigamy. Whether you are seeking an annulment, need to dissolve a void marriage, or must Handling property and custody matters tied to a bigamous union, our firm works to protect your rights. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Bigamy Means in Madison County, Virginia
In Virginia, bigamy is defined by statute as marrying another person while a lawful spouse is still living and the earlier marriage remains undissolved, with limited exceptions. A marriage entered into while an earlier marriage is still in effect is treated as void from its inception—not merely voidable, but without legal effect from the moment it was contracted. This means the second marriage is not recognized by Virginia courts, and no property or spousal rights ordinarily flow from a void union. A spouse who unknowingly enters a bigamous marriage may seek to establish those facts in a family law proceeding in the Madison County Circuit Court, which has jurisdiction over divorce and annulment actions. The Juvenile and Domestic Relations District Court generally addresses custody and support issues that may arise from a relationship that produced children, but the marital status itself is resolved in circuit court.
When a bigamous marriage is identified, a party may file a Complaint for annulment on the ground that the marriage is void. Alternatively, a Complaint for divorce from the bond of matrimony may be based on the fault ground of bigamy under Va. Code § 20-91. Because a void marriage requires no decree to dissolve it in the eyes of the law, many individuals still seek a judicial declaration to clarify their marital status for purposes of property division, inheritance, remarriage, and tax filing. Mr. Sris and his Of Counsel help Madison County clients understand which path—annulment or divorce—best fits their circumstances. The firm’s experience in family law includes handling cases where one party unknowingly entered a bigamous marriage and must now resolve financial, custodial, and personal questions.
How Mr. Sris and His Of Counsel Handle Bigamy-Related Family Law Cases
Mr. Sris and his Of Counsel team approach bigamy-related family law matters by first working to verify the existence and status of the earlier marriage. This often requires obtaining court records, marriage certificates, and sometimes foreign documents, as the earlier marriage may have been contracted in another state or country. The team evaluates whether the earlier marriage was lawfully dissolved before the second union, and whether any defenses—such as a good-faith belief in the death of a spouse who has been absent for a specified period—might apply. Once the facts are established, the firm guides the client toward the most appropriate legal remedy, whether that is an annulment, a fault-based divorce, or a negotiated family settlement.
Because a bigamous marriage can affect property rights, spousal support, and parenting arrangements, the firm’s attorneys examine the full scope of the client’s situation. Mr. Sris draws on decades of family law practice to advise clients on how a void or voidable marriage might influence equitable distribution, child custody, and support obligations. The firm works to present the necessary evidence to the court in a clear, organized manner, and pursues resolutions that aim to bring finality and legal clarity to the client’s family situation. Throughout the process, Mr. Sris and his Of Counsel maintain open communication with the client and appear in Madison County Circuit Court and other Virginia tribunals as needed.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced family law since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background includes former prosecution experience, giving him insight into how both civil and criminal aspects of bigamy allegations may intersect. 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.
His Of Counsel team includes attorneys with significant trial experience and knowledge of Virginia family law. Each Of Counsel attorney is engaged through Excella and contributes to the firm’s collaborative approach. The team handles family law matters across Virginia, including Madison County, and works to address each client’s unique needs.
Frequently Asked Questions
Is bigamy a crime in Virginia?
Yes, bigamy is a felony offense under Virginia law, codified at Va. Code § 18.2-362. Beyond the criminal penalties, a bigamous marriage is treated as void from its inception in the civil context. While the firm concentrates its family law practice on the civil consequences of bigamy—such as annulment or divorce—the existence of a criminal statute underscores the seriousness with which Virginia views this conduct. A bigamy allegation may also affect family law proceedings by influencing the court’s view of a party’s credibility and fitness.
How does bigamy affect a divorce in Virginia?
Bigamy is one of the fault grounds for divorce listed in Va. Code § 20-91. A spouse who discovers that the other party was already married at the time of the marriage may seek a divorce on that ground. Because a bigamous marriage is void, the divorce technically dissolves a void union, but seeking a judicial declaration can resolve questions of child custody, support, and property issues that arose during the relationship. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Mr. Sris and his Of Counsel can help determine whether a fault-based divorce or an annulment is the appropriate proceeding for your Madison County case.
Can I get an annulment if my spouse was already married?
Yes, in Virginia a marriage that is void due to bigamy may be annulled. An annulment declares the marriage void from the beginning and requires proof that the marriage was never valid because a prior marriage existed and was not dissolved. You will need to present evidence, such as the earlier marriage certificate and proof that no divorce or annulment of that first marriage occurred. Mr. Sris and his Of Counsel work with clients to gather the necessary documentation and file the appropriate pleadings in Madison County Circuit Court.
What is the difference between an annulment and a divorce based on bigamy?
An annulment based on bigamy declares the marriage void ab initio, while a divorce based on bigamy terminates a marriage that may or may not be void. In practice, since a bigamous marriage is void from the start, many litigants pursue an annulment. However, a divorce complaint citing the fault ground of bigamy can also resolve the status of the parties, and the court may still address property division, support, and custody. The choice depends on the specific facts and the relief sought. Mr. Sris and his Of Counsel can explain which remedy best fits your circumstances.
How do I prove bigamy in court?
Proving bigamy generally requires evidence that a lawful prior marriage existed at the time of the second marriage and that the prior marriage had not been dissolved by divorce, annulment, or death. Common evidence includes certified marriage records, divorce decrees, death certificates, and sometimes foreign official documents. The firm assists clients in locating and presenting such records to the court, and may also need to address any presumption of validity that attached to the second marriage.
What happens to property and children if a marriage is void for bigamy?
Because a void marriage creates no spousal rights, the usual rules of equitable distribution may not apply directly, but a court can still address property and parenting matters. Virginia courts have the power to make custody and visitation determinations based on the best interests of the child, regardless of the parents’ marital status. For jointly owned property, the court may apply partition or unjust enrichment principles. Mr. Sris and his Of Counsel can help Madison County clients pursue a fair resolution of property and custody issues that arise from a void union.
Do I need a lawyer for a bigamy annulment in Madison County?
While you are not required to hire an attorney, seeking legal guidance in a bigamy annulment is advisable due to the procedural and evidentiary requirements. Filing the wrong type of action or failing to present sufficient proof can delay resolution or lead to an unfavorable outcome. Mr. Sris and his Of Counsel understand the filing requirements in Madison County Circuit Court and can help you present a clear case. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
What if my spouse committed bigamy and I did not know?
If you were an innocent party who entered a marriage in good faith while your spouse was already married, you may still seek relief through annulment or divorce. Virginia law recognizes the hardship placed on the unknowing spouse and allows that spouse to petition for the dissolution of the void union. The court may also address support and equitable remedies if warranted. Mr. Sris and his Of Counsel represent clients who find themselves in this difficult position and work to protect their interests throughout the proceeding.
Are there defenses to a bigamy charge in a family law case?
Yes, certain statutory defenses may apply, such as a good-faith belief based on the absence of a spouse for seven years and not known to be living. Va. Code § 20-91 recognizes this as a defense to the fault ground of bigamy. If you believed your prior spouse was dead or that the marriage had been dissolved, Mr. Sris and his Of Counsel can evaluate whether a defense applies and how it affects your divorce or annulment case in Madison County.
How can a bigamy lawyer help with my family law matter?
An experienced family law attorney can assess whether your marriage is void due to bigamy, advise on the appropriate legal action, gather necessary evidence, and represent you in court. The process can involve multiple areas of law—family, property, and sometimes international law if a foreign marriage is relevant. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. bring decades of combined experience to these cases and work to achieve the clarity and legal finality you need. To request a consultation, call (888) 437-7747.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.
Where a matter falls outside Madison County, our statewide page on bigamy in Virginia applies.