Bigamy lawyer Montgomery County, VA

In Montgomery County, a bigamous marriage—one entered into while a prior valid marriage still exists—raises legal challenges that span criminal and family law arenas. Whether you are the innocent spouse seeking an annulment, dealing with property division complications, or facing a bigamy charge in Montgomery County, understanding how Virginia courts address these overlapping issues is critical. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., leads a team with experience in family law matters for clients in Christiansburg, Blacksburg, and throughout Montgomery County. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Family Law Means for Bigamy in Montgomery County, Virginia

Bigamy in Virginia is a criminal offense codified at Va. Code § 18.2-362, but it also carries direct consequences in family court. Virginia law treats a bigamous marriage as void from the start, meaning neither party acquires the usual marital rights—no equitable distribution under Va. Code § 20-107.3, no spousal support under § 20-107.1, and no presumption of paternity for children born of the union. The Montgomery County Juvenile & Domestic Relations District Court and the Montgomery County Circuit Court hear the family law issues that arise: annulment actions, custody and support determinations for children of the void marriage, and property disputes between the parties.

For the innocent spouse who entered the marriage unaware of the other’s prior undissolved union, the law provides a path to an annulment under Va. Code § 20-89.1. An annulment is not a divorce; it declares that no valid marriage ever existed. The court can still make orders regarding child custody, visitation, and support, applying the same best-interests factors used in any custody case under Va. Code § 20-124.3. Because the marriage is void, however, property acquired during the relationship is not marital property. The court may need to resolve ownership claims through separate civil actions, and Mr. Sris and his Of Counsel help clients Handling this process in the Montgomery County courts.

How Mr. Sris and His Of Counsel Handle Bigamy-Related Family Law Cases

When a client in Montgomery County faces a bigamy-related family law matter, Mr. Sris begins by examining the specific facts: whether a prior marriage existed, whether it was dissolved, the timing of the second marriage, and the knowledge of each party. This factual foundation determines the appropriate legal path—filing a complaint for annulment in the Circuit Court, seeking a protective order if domestic abuse is involved, or addressing child-related petitions in the Juvenile & Domestic Relations District Court. The goal is to resolve the immediate family law issues while protecting the client’s rights and interests.

Because a void marriage impacts child custody and support, the legal team works to establish parentage, secure appropriate custody arrangements, and calculate child support under Virginia guidelines. Property claims are handled outside the divorce framework, often requiring separate civil litigation. Throughout the process, Mr. Sris and his Of Counsel guide clients through the procedural requirements of the Montgomery County courts, advocating for outcomes that reflect the unique circumstances of each case. The approach is tailored and thorough, drawing on extensive combined legal experience between Mr. Sris and his Of Counsel. Results may vary.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He concentrates his practice in family law, criminal defense, and related matters, and has represented clients in Montgomery County courts for many years. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).

Mr. Sris leads a team of Of Counsel attorneys who bring experience across criminal prosecution, law enforcement, and complex litigation. The firm’s collaborative approach means a client benefits from a breadth of knowledge while Mr. Sris maintains direct involvement. The firm’s Shenandoah Location serves Montgomery County and the surrounding communities of Christiansburg, Blacksburg, Riner, Shawsville, and Elliston.

Frequently Asked Questions

Can I get an annulment if my spouse was already married in Montgomery County, Virginia?

Yes, under Virginia law, a marriage that is bigamous is void from the beginning, and an annulment can be obtained in the Montgomery County Circuit Court. The innocent spouse must file a complaint for annulment under Va. Code § 20-89.1, demonstrating that the other party had a living spouse at the time of the marriage and that the prior marriage was not dissolved. The court may also address child custody and support as part of the proceeding, but property division is not part of an annulment—since no valid marriage existed, there is no marital estate to divide.

What happens to children from a bigamous marriage in Virginia?

Children born to a void or voidable marriage under Virginia law are considered legitimate and entitled to the same rights as children of a valid marriage. The Montgomery County Juvenile & Domestic Relations District Court can issue custody, visitation, and child support orders based on the best interests of the child. The legal status of the parents’ relationship does not diminish the court’s authority to protect the child’s welfare, and both parents retain the obligation to support their children.

Do I need a lawyer if my spouse committed bigamy in Montgomery County?

While not legally required, working with an experienced family law attorney can help ensure your rights to an annulment and any related relief are properly pursued. Bigamy cases often involve complicated fact patterns—prior marriages in other states or countries, questions about the validity of a prior divorce, and overlapping criminal investigations. An attorney can guide you through the procedural steps in the Montgomery County Circuit Court, advise you on the implications for custody and support, and coordinate with criminal defense counsel if needed.

How does bigamy affect property division in Virginia?

Because a bigamous marriage is void, Virginia’s equitable distribution statute does not apply, and there is no marital property to divide. Instead, each party retains ownership of property titled in their own name. If the parties jointly purchased property during the invalid relationship, they may need to file a separate civil action in the Montgomery County Circuit Court to partition or sell the property. Courts apply general contract and property law principles, not family law distribution rules, to resolve these ownership disputes.

Is bigamy a crime in Virginia, and does it affect my family law case?

Yes, bigamy is a felony offense in Virginia, and a pending criminal charge can influence how family law issues are handled. The Montgomery County Juvenile & Domestic Relations District Court and the Circuit Court may consider the criminal proceeding when scheduling hearings, issuing protective orders, or determining custody. The family law process—such as obtaining an annulment—proceeds independently from any criminal case, but the outcomes can affect one another. Mr. Sris and his Of Counsel can coordinate the family law aspects while referring any criminal defense needs to the firm’s criminal practice team.

What should I bring to a consultation about a bigamy-related family law matter?

You should bring any marriage certificates, prior divorce decrees, court orders related to custody or support, and any correspondence or documents showing the existence of a prior spouse. If there is a pending criminal charge, bring that paperwork as well. The more information you provide, the more accurately Mr. Sris can assess your situation. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.

Our firm also represents clients in related family law matters across Virginia. Learn more about our practice in Fairfax County, Fairfax City, Falls Church, Prince William County, and Manassas.

For authoritative information on Virginia statutes, visit the Virginia Code Title 20 (Domestic Relations). The Virginia Judicial System’s website offers case information and court contact details at vacourts.gov. Business entity filings and record searches are available through the State Corporation Commission.

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary. Attorney responsible for this advertising: Mr. Sris.

Case results depend on a variety of factors unique to each case.

For the statewide picture rather than Montgomery County alone, continue to bigamy in Virginia.