Bigamy lawyer Roanoke County, VA
You planned a future together, exchanged vows, and believed your marriage was built on honesty. Then you discovered your spouse was still married to someone else when you wed. The shock is profound, and you need to understand your rights. Bigamy—being married to more than one person at the same time—creates both criminal exposure and serious family law consequences. Law Offices Of SRIS, P.C. Concentrates on the family law side: annulment, divorce, property division, and support matters arising from a bigamous marriage in Roanoke County. Our firm does not defend the criminal bigamy charge, but we provide clear guidance and experienced representation for the civil issues that follow. To discuss your situation, reach Mr. Sris and his Of Counsel at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Family Law Options After Bigamy in Roanoke County
A bigamous marriage is void from the start under Virginia law. The family law response typically calls for an annulment, which legally declares that no valid marriage ever existed. Annulment differs from divorce in that it erases the marriage retroactively. You may also pursue divorce if you prefer, as bigamy can serve as a fault ground that supports a divorce petition. In some circumstances, property settlement, spousal support, and child-related matters must be addressed alongside the annulment or divorce action. Law Offices Of SRIS, P.C. helps clients assess which path fits their goals. Our attorneys examine the circumstances—whether the act was deliberate concealment, a misunderstanding about a prior divorce, or something else—and work to protect your interests as the matter moves through the Roanoke County Circuit Court. Mr. Sris and his Of Counsel team bring substantial experience in complex family law matters and can help you navigate both the procedural requirements and the emotional weight of discovering a spouse’s prior undisclosed marriage.
What to Expect in Roanoke County Family Court
Family law matters tied to bigamy are heard in the Roanoke County Circuit Court, located at 305 East Main Street, Salem, VA 24153. Annulment petitions, divorce complaints, and property distribution issues all begin in that court. The process starts with filing the appropriate pleading and serving the other party. If you and your spouse agree on how to resolve everything, an uncontested resolution may be possible; otherwise, the court will schedule hearings to decide contested issues. The judge will consider evidence about the existence of a prior marriage and whether it was valid and undissolved at the time of your wedding. The court has the authority to declare the marriage void, divide property acquired during the purported marriage, and issue orders concerning child custody and support if children are involved. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Our firm’s experience before the Roanoke County Circuit Court can help you prepare for each step and understand what to expect during the judicial process.
Bigamy and Virginia Law: Family Consequences
Under Virginia law, bigamy is a crime, but its family law implications are separate and just as impactful. A marriage that was entered into while one party was already validly married is void ab initio—meaning it is treated as if it never legally existed. This classification can affect property rights, inheritance, and spousal support claims. For example, you may not be entitled to certain marital property rights because the marriage never legally existed. However, courts can still divide property acquired during the coexistence and address issues of fairness. If you and your spouse have children together, the court will apply the trusted-interests-of-the-child standard when determining custody and visitation. The existence of the prior marriage does not change the fact that both parents have obligations toward their children. Our attorneys work with you to identify an appropriate path—whether it is an annulment to wipe the slate clean or a fault-based divorce that acknowledges the marriage’s existence while ending it for cause. We help you understand the possible outcomes and guide your decisions based on what matters most to you.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. A former prosecutor, he brings a perspective grounded in trial experience and a thorough understanding of Virginia’s legal system. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He practices across Virginia, Maryland, the District of Columbia, New Jersey, and New York alongside his Of Counsel attorneys, who together bring over 120 years of combined legal experience and 4,739+ documented firm-wide results. Results may vary. The team handles family law matters with care and attention to the unique challenges that arise in cases involving domestic relations, property division, and child-related issues.
Frequently Asked Questions
Is bigamy grounds for annulment in Virginia?
Yes, bigamy is a ground for annulment because the second marriage is void from the beginning. An annulment declares that no valid marriage ever existed. In Roanoke County, you file a petition for annulment in the Circuit Court. The court will examine evidence of the prior marriage and whether it was undissolved at the time you wed. Because a bigamous marriage is void, the annulment process often focuses on confirming the facts rather than proving fault, though property and child issues may still need resolution. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What happens to property if my spouse was already married?
Property division can become complex because a bigamous marriage is void, so typical marital property rules may not apply. Virginia courts can still divide assets acquired during the time the parties lived together, using equitable principles rather than classification as “marital property.” The court considers the contributions of each party and may fashion a remedy to prevent unjust enrichment. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747 to discuss how these rules might apply to your specific assets.
Can I get a divorce if my spouse committed bigamy?
Yes, you can seek a divorce based on the fault ground that your spouse was already married at the time of your marriage. Bigamy can serve as a fault ground in a divorce complaint in Virginia. You may choose divorce over annulment if you want the court to address property, support, or custody within a divorce framework rather than an annulment proceeding. All divorce actions are filed in the Roanoke County Circuit Court. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a bigamy-related family law issue?
While you are not required to have legal representation, the intersecting family law and property issues make experienced guidance important. Annulment and divorce actions involve strict procedural rules and legal arguments about the validity of the marriage, property classification, and child custody. An attorney can help you navigate these complexities, gather the necessary evidence, and avoid missteps that could affect your rights. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does the Roanoke County Circuit Court handle annulments?
The Roanoke County Circuit Court, at 305 East Main Street in Salem, processes annulment petitions according to Virginia law. You file a complaint requesting that the marriage be declared void. Service must be completed on the other party. If the facts are undisputed, the court may hold a brief hearing to confirm the evidence and issue the annulment decree. When additional issues like custody or property are involved, a separate hearing may address those matters. Our firm’s familiarity with that court’s procedures helps you prepare for each stage.
What should I bring to a consultation about a bigamy matter?
Bring any documents you have: your marriage certificate, any evidence of the prior marriage (such as the spouse’s prior marriage certificate or divorce decree if one exists), and any correspondence about the situation. Financial records and information about property purchased during the marriage are also helpful. The consultation allows us to review your case and outline possible strategies. To schedule a consultation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
For a broader statutory analysis of family law issues in Virginia, visit our comprehensive family law overview at srislawyer.com.
See also: Family Law Lawyer Fairfax County, VA · Family Law Lawyer Prince William County, VA · Family Law Lawyer Manassas, VA
Outbound primary-source authority: Virginia Code Title 20 – Domestic Relations · Roanoke County Circuit Court · Virginia Code Title 18.2 – Crimes and Offenses
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. Law Offices Of SRIS, P.C. serves clients throughout Virginia, Maryland, the District of Columbia, New Jersey, and New York. Reach our location at (888) 437-7747.