Bigamy lawyer Morris County, NJ

Bigamy—marrying someone while still legally married to another—is a serious criminal offense in New Jersey, and it also creates complex family law disputes. In Morris County, charges under New Jersey law can bring substantial penalties, while a bigamous marriage may need to be annulled, and related issues of custody, support, and property division must be resolved. Law Offices Of SRIS, P.C. assists clients throughout Morris County, including Morristown, Parsippany, Dover, Randolph, and Denville, with both the criminal defense and family law sides of bigamy cases. Mr. Sris, a former prosecutor, understands how these matters are investigated and charged. The firm’s New Jersey location represents individuals at the Superior Court of New Jersey, Morris Vicinage, located at Washington & Court Streets, Morristown. For a consultation about a bigamy matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Bigamy Means Under New Jersey Law

In New Jersey, bigamy is defined by New Jersey law. A person commits the offense if, being married, he or she purports to marry another, or if the person knows that the other individual is already married and nevertheless goes through a marriage ceremony with that person. The statute recognizes several affirmative defenses, such as a reasonable belief that the prior marriage had been dissolved or that the prior spouse is deceased. Bigamy is classified as a crime of the fourth degree, which exposes a convicted individual to significant penalties including imprisonment and fines. Because a bigamous marriage is void from its inception, any legal proceeding that follows—whether a criminal prosecution, an annulment action, or a custody dispute—must address the unique legal void created by the invalid union.

Bigamy charges in Morris County are heard in the Superior Court, Criminal Division. The Morris Vicinage handles all criminal matters arising within the county. Prosecutors must prove that the defendant knew of the existing marriage and intentionally entered into a subsequent marriage. Because bigamy often involves cross-jurisdictional marriages—a prior marriage in another state or country—the evidence can be complex. A defense may challenge the validity of the prior marriage, the defendant’s state of mind, or the government’s proof. An experienced attorney can evaluate whether a statutory defense applies and negotiate with prosecutors for a possible downgrade or dismissal of the charge.

How Bigamy Affects Family Law in Morris County

Beyond the criminal case, a bigamous marriage creates immediate family law consequences. Under New Jersey law, a marriage that is void because of bigamy can be annulled by the Superior Court, Chancery Division – Family Part. An annulment declares that the marriage never legally existed. That ruling affects property division, spousal support, and parental rights. Unlike a divorce, which ends a valid marriage, an annulment erases the marriage retroactively, potentially leaving one party without the protections of equitable distribution or alimony that would otherwise be available. Children born during a bigamous marriage are still considered legitimate under New Jersey law, and custody and child support will be determined under the trusted-interests standard under New Jersey law. However, the void nature of the marriage can influence how a court views the parties’ financial arrangements and the length of the relationship for support purposes.

Morris County Superior Court Family Division handles all annulment, divorce, custody, and support matters. The court may also address related issues such as domestic violence restraining orders that arise during the dissolution of the union. When a bigamous marriage is alleged, the court will examine when and where the prior marriage occurred and whether the parties were aware of the impediment. A party who entered the bigamous marriage in good faith may still seek certain financial remedies through equitable doctrines. Law Offices Of SRIS, P.C. Guides clients through these proceedings, working to protect their parental and financial interests regardless of which side of the bigamy allegation they are on.

How Mr. Sris and the Firm’s Of Counsel Handle Bigamy Cases

When a client faces a bigamy charge or needs to address the fallout of a bigamous marriage, the firm adopts a dual-focus approach. On the criminal side, Mr. Sris draws on his background as a former prosecutor to scrutinize the state’s evidence, identify weaknesses in the charging documents, and present a vigorous defense. Because bigamy often hinges on the validity of a prior marriage, the firm may investigate the legal status of that marriage—was it properly dissolved, was the divorce decree valid, or does the foreign marriage satisfy the lex loci celebrationis standard for recognition in New Jersey? Even when a prior divorce is final, procedural defects can be exploited to raise reasonable doubt. The firm also explores pretrial intervention (PTI) and other diversionary programs that may allow a client to avoid a conviction altogether.

On the family law side, Mr. Sris and the firm’s Of Counsel handle annulment petitions, child custody, and support matters. They help clients understand how the void marriage affects their rights and work to secure fair outcomes in property division and parenting time. If a client unknowingly entered a bigamous marriage, the firm advocates for equitable treatment under equity principles. The firm’s familiarity with the Morris County Family Part and its judges’ practices allows for efficient case management. Throughout the process, the client receives clear communication about the legal options and practical next steps.

About Mr. Sris and the Firm’s Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. His experience as a former prosecutor gives him uncommon insight into how the state builds and prosecutes criminal cases, including bigamy charges. He has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates his practice on complex criminal and family law matters.

Mr. Sris is joined by experienced Of Counsel attorneys who contribute to the firm’s multi-state practice. Together, they bring extensive knowledge of New Jersey criminal procedure and family law. The firm’s New Jersey location, based in Tinton Falls, serves clients in Morris County and throughout the state. Mr. Sris and the firm’s Of Counsel handle each case with thorough preparation, focusing on the client’s goals—whether that means fighting a criminal charge, securing an annulment, or protecting parental rights. For a confidential consultation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Frequently Asked Questions

What constitutes bigamy in New Jersey?

Bigamy occurs when a married person knowingly enters into a marriage with another person, or when someone marries a person they know is already married. Under New Jersey law, the key element is knowledge of the existing marriage. If a person reasonably believes the prior marriage has been legally dissolved or the prior spouse is deceased, that can serve as a defense. The offense does not require proof of fraud or intent to harm; merely going through a marriage ceremony while legally married is enough. The prior marriage must be a valid, existing marriage. A bigamous marriage is void from the start, meaning it has no legal effect.

Is bigamy a felony in New Jersey?

Bigamy is classified as a crime of the fourth degree, which is an indictable offense but not a felony under New Jersey’s classification system. New Jersey uses degrees rather than felony/misdemeanor labels. A fourth-degree crime carries a potential prison sentence of up to 18 months and significant fines. A conviction also creates a criminal record that can affect employment, housing, and professional licensing. Because the charge is indictable, it is handled in Superior Court, not municipal court, and the defendant has the right to a jury trial. An experienced defense attorney can explore alternatives such as Pretrial Intervention (PTI) to avoid a conviction.

Can a bigamous marriage be annulled in Morris County?

Yes, a party to a bigamous marriage may file a complaint for annulment in the Superior Court, Chancery Division – Family Part in Morris County. An annulment is a legal decree that declares the marriage void from the beginning. Under New Jersey law, bigamy is one of the grounds for annulment because a person cannot be married to two spouses simultaneously. The annulment process will require proof that a prior marriage existed and was not dissolved at the time of the subsequent ceremony. Once granted, an annulment retroactively eliminates the marriage, which can affect property rights and spousal support. The court will still resolve custody and child support as it would in a divorce.

How does bigamy affect child custody in New Jersey?

A bigamous marriage’s invalidity does not affect the legitimacy of children born during the union; custody and parenting time are determined under the trusted-interests standard. In New Jersey, children of a void or voidable marriage are considered legitimate under New Jersey law. The court will apply the same statutory factors under New Jersey law that guide all custody decisions—considering the child’s safety, the parents’ ability to cooperate, the child’s relationship with each parent, and the child’s own preference if old enough. Because the marriage is void, there is no presumption of joint legal custody; the court will craft a parenting plan based on the family’s specific circumstances. Child support is calculated using the New Jersey Child Support Guidelines.

What defenses exist against a bigamy charge?

Common defenses include showing that the defendant lacked knowledge of the prior marriage’s validity, that the prior marriage was itself void, or that there was a reasonable belief in a divorce or death. The statute specifically exempts a person who reasonably believed the prior marriage had been dissolved or that the prior spouse was deceased. Additionally, if the prior marriage was not legally valid—for example, because it was void due to fraud or because a divorce decree was actually entered but not recorded—the prosecution cannot prove all elements. Other defenses may involve procedural errors in the charging documents or constitutional violations during the investigation. An experienced criminal defense attorney will investigate the facts thoroughly to build the strong $1.

Do I need a lawyer if I am accused of bigamy in Morris County?

Because a bigamy charge is a serious criminal offense that can lead to imprisonment and a permanent record, legal representation is strongly recommended. A lawyer can evaluate the evidence, advise you of your rights, and negotiate with the prosecutor for a favorable resolution—potentially a dismissal, downgrade to a lesser offense, or diversion into Pretrial Intervention. Without counsel, you risk making statements that harm your defense and may face the full penalties of a fourth-degree conviction. If the bigamy situation also involves children, your parental rights could be affected, and you need an attorney who can handle both the criminal and family law dimensions. Law Offices Of SRIS, P.C. offers a confidential consultation at (888) 437-7747.

For additional information about family law matters in nearby New Jersey counties, visit our pages on Hunterdon County family law, Somerset County family law, and Bergen County family law.

Official New Jersey legal resources: New Jersey Legislature (search for the bigamy statute) and Superior Court of New Jersey, Morris Vicinage (court information).

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Beyond Morris County, these charges are addressed on our statewide page about bigamy in New Jersey.