Bigamy lawyer Washington County, VA
Bigamy — entering a marriage while still legally married to another person — carries serious legal consequences in Virginia. While bigamy is a criminal offense under state law, the civil family law implications can be just as difficult. At Law Offices Of SRIS, P.C., we help individuals in Washington County, Virginia, address the family law issues that arise from a bigamous marriage, including annulment, property division, and related matters. Our firm concentrates on the family law side of bigamy cases, working to resolve the civil fallout so you can move forward. For guidance that takes into account your specific situation and the local Washington County courts, contact us at (888) 437-7747.
What Bigamy Means in Washington County
A marriage entered into while one spouse is still lawfully married to a third person is void from the beginning under Virginia law. It cannot be “fixed” by the passage of time or by a subsequent divorce from the first spouse — the bigamous marriage is a legal nullity. For residents of Washington County, this can affect property rights, inheritance, and even the legitimacy of children born during the union.
Family law matters involving bigamy in Washington County are typically heard in the Washington County Juvenile & Domestic Relations District Court for custody and support issues, and in the Washington County Circuit Court for annulment or divorce proceedings. Because the underlying marriage is void, the court cannot distribute property under the same equitable distribution rules that apply in a lawful divorce. Instead, parties may need to use civil remedies or negotiate a written settlement to untangle jointly owned assets. Mr. Sris and his Of Counsel understand how these procedural distinctions play out in the Twenty‑eighth Judicial District, and they work to protect their clients’ interests from the outset.
Washington County’s location in southwestern Virginia, encompassing communities like Abingdon, Damascus, and Glade Spring, means that family law cases can involve a mix of rural property holdings, family businesses, and multigenerational family arrangements. The firm’s Shenandoah Location, serving clients throughout Washington County, is readily accessible to those who need in‑person consultations. By appointment, we meet with clients to review the facts and chart a path forward.
How Mr. Sris and His Of Counsel Handle Bigamy Cases
When a marriage is void due to bigamy, the primary civil remedy is often an annulment — a court decree that declares the marriage was never valid. In Virginia, an annulment on the ground of bigamy can be sought under Va. Code § 20‑89.1. Mr. Sris and his Of Counsel guide clients through the annulment process in Washington County, which may require notifying the other party, filing the appropriate pleadings in Circuit Court, and proving that the prior marriage existed and was never dissolved.
Because a bigamous marriage does not create marital property in the traditional sense, the division of jointly held assets can be particularly complex. Our attorneys work to identify what property each party brought into the relationship, what was acquired during the void marriage, and what legal mechanisms are available to address disputes — whether through partition actions, resulting‑trust claims, or negotiated agreements. For clients who also face criminal bigamy charges, we can refer them to experienced criminal defense counsel within the firm, but our primary focus is resolving the family law consequences efficiently and fairly.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and has practiced family law for the bulk of his career. He is a former prosecutor — experience that gives him insight into how the other side builds a case, even in civil litigation. Mr. Sris is admitted to practice in Virginia and four other jurisdictions, and he testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. The Of Counsel attorneys who support the firm’s family law practice are not employees of the firm but are engaged through Excella, and each brings a depth of experience to complex domestic relations matters. Together, Mr. Sris and his Of Counsel appear in Washington County courts and work to reach favorable resolutions for clients dealing with the aftermath of a bigamous marriage.
Frequently Asked Questions
What is bigamy in Virginia family law?
Bigamy occurs when a person enters a marriage while already legally married to another living spouse, and in Virginia it renders the second marriage void as a matter of law. Because the marriage is void, it produces no spousal support obligation and no marital property for equitable distribution. However, the couple may still have jointly titled property, children born during the relationship, and other legal entanglements that must be addressed through annulment proceedings, custody and support petitions, or civil actions to divide property. An experienced family law attorney can help you understand which remedies are available and how to pursue them in the Washington County courts.
Can a bigamous marriage be annulled in Washington County?
Yes, Virginia law permits annulment of a bigamous marriage upon petition to the Circuit Court. The party seeking the annulment must file a complaint in Washington County Circuit Court and demonstrate that a prior undissolved marriage existed at the time of the subsequent ceremony. Once the court grants the annulment, the marriage is treated as though it never occurred. This can clear the way for addressing property and custody issues without the cumbersome framework of a divorce. Contact our firm to discuss the specific proof required and the timeline for an annulment in the Twenty‑eighth Judicial District.
How does a void marriage affect property division in Washington County?
Since a bigamous marriage is void, Virginia’s equitable distribution statute (Va. Code § 20‑107.3) does not apply. That means the court cannot classify, value, and divide “marital” property in the same way it does in a divorce. Instead, parties must rely on general property law principles — such as partition suits for jointly owned real estate, resulting‑trust claims for contributions to property, or contract-based claims. A family law attorney can evaluate the facts of your case and help you pursue the most efficient way to disentangle your assets. Consult with our firm about your specific circumstances.
Do I need a lawyer for a family law matter involving bigamy?
You are not required to have a lawyer to file for annulment or to address property issues, but the unique legal questions that arise in a bigamous‑marriage case make legal guidance strongly advisable. The void‑marriage doctrine, the lack of standard equitable distribution, and the potential overlap with criminal charges all call for careful navigation. An attorney who is familiar with Washington County court procedures can help you prepare the necessary filings, gather evidence of the prior marriage, and advocate for your interests in any custody, support, or property‑related hearings. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What if criminal bigamy charges are also involved?
If you are facing criminal bigamy charges, you should speak with a criminal defense attorney immediately, as a conviction can result in serious penalties under Virginia law. Our firm focuses primarily on the family law aspects of bigamy — annulment, custody, and property matters — but we can refer you to experienced criminal defense counsel within the firm when both civil and criminal issues are present. Having a coordinated strategy can help protect your rights on all fronts. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the Washington County court handle custody when the parents were never legally married?
Washington County’s Juvenile & Domestic Relations District Court decides custody based on the best interests of the child, regardless of whether the parents’ marriage was valid. The court applies the ten factors listed in Va. Code § 20‑124.3, considering each parent’s relationship with the child, their ability to provide care, and any history of family abuse. The void status of the marriage does not deprive a parent of the right to seek custody or visitation. An attorney can help you present evidence on the statutory factors and work to secure a parenting arrangement that serves your child’s needs. Reach our firm at (888) 437-7747 to learn more.
Related family law resources: Fairfax County Family Law Lawyer | Prince William County Family Law Lawyer | City of Fairfax Family Law Lawyer | Falls Church Family Law Lawyer | Manassas Family Law Lawyer
Virginia primary sources: Virginia Code Title 20 (Domestic Relations) | Washington County Circuit Court | Virginia Courts
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.
Washington County is one of the localities covered in our wider Virginia discussion of bigamy.