Bigamy lawyer Roanoke, VA
When a marriage is entered into while one spouse is still legally married to another, the union is bigamous—and under Virginia law, it is void from the start. For residents of Roanoke City, Roanoke County, and the surrounding communities, a bigamy dispute can create far‑reaching consequences for property rights, spousal support, child custody, and even potential criminal liability. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. represent clients throughout the Roanoke Valley in family law matters arising from bigamous marriages, whether the issue surfaces during a divorce, an annulment proceeding, or an estate‑planning challenge. Mr. Sris, Owner and Founder of the firm, has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Fairfax location serves clients across Virginia, and Mr. Sris and his Of Counsel regularly appear in the Roanoke City Circuit Court and the Roanoke County Circuit Court on cases involving marriage validity, annulment, and equitable distribution. To discuss how bigamy may affect your family law matter, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What bigamy means in Roanoke
Bigamy occurs when a person knowingly enters into a marriage while a prior marriage remains undissolved. In Virginia, a bigamous marriage is void ab initio—meaning the law treats it as though it never existed. This legal doctrine can disrupt a range of family law proceedings in Roanoke, where bigamy allegations often surface during a divorce or annulment petition. The Roanoke City Circuit Court and the Roanoke County Circuit Court are the courts of record that hear annulment actions and divorce cases in which the validity of a marriage is challenged. Because a void marriage is neither a marriage for purposes of equitable distribution nor for spousal support, the financial stakes can be significant.
For a Roanoke resident who discovers that his or her spouse was already married at the time of the ceremony, the immediate step is typically to seek an annulment. Unlike a divorce, which dissolves a valid marriage, an annulment declares that no marriage ever existed. Mr. Sris and his Of Counsel evaluate the facts of each case—including the timing of the prior marriage, the parties’ knowledge, and the status of any divorce or death of the first spouse—to determine the appropriate legal remedy. Because Roanoke courts may also consider whether a party committed a criminal offense, counsel must navigate both the civil and the criminal dimensions of bigamy. Mr. Sris’s experience as a former prosecutor informs his approach to these overlapping issues, though every case is handled on its individual facts and outcomes vary.
How Mr. Sris and his Of Counsel handle bigamy cases
When a client in Roanoke consults the firm about a possible bigamous marriage, the legal team first works to establish the chain of prior marriages through marriage records, divorce decrees, and death certificates. This foundational investigation helps the firm advise whether an annulment should be pursued, whether a divorce action can proceed on ordinary grounds, or whether the client is better served by defending against an annulment petition filed by the other spouse. Mr. Sris and his Of Counsel appear for clients in the appropriate Roanoke court—the circuit court that would have jurisdiction over the annulment or divorce—and present evidence that the marriage is void. If the annulment is granted, the marriage is wiped from the legal record, and the court may enter orders addressing property division, support, and custody that reflect the parties’ actual, rather than marital, relationship.
Because bigamy can involve potential criminal exposure under Virginia law, the firm’s approach includes evaluating whether any criminal investigation is underway and, if necessary, coordinating a defense strategy. Mr. Sris’s background as a former prosecutor provides an understanding of how the Commonwealth’s Attorney’s Office may build a bigamy case, but the firm does not predict outcomes. The legal team also advises clients on how a bigamy finding can impact a divorce that was originally filed without knowledge of the prior marriage—for example, whether spousal support pendente lite that was ordered in a divorce may need to be revisited if it is later discovered that the marriage was void. Every step is handled with careful attention to the Virginia Rules of Evidence and the procedural rules of the local bench.
Throughout the representation, Mr. Sris and his Of Counsel keep the client informed about the progress of the annulment or divorce and any related criminal proceedings. Consultations are available by phone; reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation.
About Mr. Sris and his Of Counsel team
Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and has concentrated his practice on family law and criminal defense ever since. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, allowing the firm to handle family law matters that cross state lines. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). As a former prosecutor, he brings firsthand knowledge of how the Commonwealth prepares and tries criminal cases—including those involving marriage fraud—though each case stands on its own facts and no particular result is promised.
Mr. Sris is supported by a team of Of Counsel attorneys with diverse backgrounds in family law, criminal defense, and trial work. Together, they bring extensive combined legal experience between Mr. Sris and his Of Counsel. Results may vary. The firm’s Fairfax location serves clients in Roanoke and throughout Virginia, and phone consultations are available 24 hours a day at (888) 437‑7747.
Frequently asked questions
What is bigamy under Virginia law?
Bigamy is the act of marrying one person while still legally married to another. In Virginia, a bigamous marriage is void from its inception—meaning the state regards it as if it never happened. The law considers the parties to the second marriage as never having been spouses, which can have dramatic consequences for property claims, inheritance rights, and even the legitimacy of children born during the bigamous union. Virginia courts, including the Roanoke City Circuit Court, may declare a marriage void in an annulment proceeding. The void‑marriage doctrine also means that neither party can recover spousal support based on the bigamous marriage, and the equitable‑distribution rules that apply to a divorce do not apply in the same way. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can a bigamous marriage be annulled in Roanoke?
Yes, a bigamous marriage can be annulled by a Virginia circuit court, including the Roanoke City Circuit Court. An annulment is a judicial declaration that no valid marriage ever existed. To obtain an annulment in Roanoke, the petitioner must file a complaint in the circuit court with jurisdiction and present evidence that a prior undissolved marriage existed at the time of the second ceremony. The court typically requires documentation such as a certified copy of the prior marriage license, the divorce decree from the first marriage (if any), or proof that the first spouse is deceased. Once the annulment is granted, the bigamous marriage is legally extinguished. The process varies by case, and the court’s schedule affects the timeline. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Does bigamy affect property division in Virginia?
Because a bigamous marriage is void, the property acquired during that union is generally not treated as marital property for purposes of equitable distribution. In a standard divorce, Virginia Code § 20‑107.3 requires the court to classify and equitably divide marital assets. However, when a marriage never existed, the parties are not “spouses” under the statute, and the special protections and presumptions that apply to marital property do not arise. Instead, each party retains his or her own separate property, and any jointly titled assets may be the subject of a separate partition action or a contract‑based claim. The outcome depends on the specific facts and the court’s view of the equities. To understand how bigamy could affect the property in your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Can bigamy lead to criminal charges in Virginia?
Yes, knowingly contracting a second marriage while the first marriage remains legally intact is a criminal offense under Virginia law. The Commonwealth may prosecute bigamy regardless of whether any party to the second marriage knew of the prior marriage, though the mental state of the accused can affect the charge and the defense. If convicted, the penalties can include incarceration and a fine. Mr. Sris’s background as a former prosecutor gives him insight into how such cases are investigated and charged, but he does not guarantee any particular result. If you are facing a bigamy charge in Roanoke or believe you may be under investigation, do not discuss the matter with anyone except your lawyer. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437‑7747.
How do I find a lawyer for a bigamy matter in Roanoke?
You can begin by contacting Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation with Mr. Sris and his Of Counsel. The firm has handled family law matters involving marriage validity for clients throughout Virginia, including Roanoke City and Roanoke County. Because bigamy cases often involve overlapping civil and criminal issues, it is important to work with counsel who understand both the family law framework and Virginia’s criminal bigamy statute. Mr. Sris and his Of Counsel bring extensive combined legal experience and have appeared in Roanoke circuit courts on annulment and divorce actions. Consultations are available by phone, and there is no obligation to proceed.
Roanoke divorce lawyer |
Roanoke family law lawyer |
Roanoke child custody lawyer
Official Virginia resources:
Virginia Code § 18.2‑362 (bigamy) |
Roanoke City Circuit Court |
Roanoke County Circuit Court
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