Bigamy lawyer Botetourt County, VA
When a marriage is based on bigamy, the consequences reach far beyond the wedding day. A bigamous marriage is void under Virginia law, which means it never legally existed. For a spouse who unknowingly married someone already married, the path forward involves annulment, property division, and often custody or support questions. For the accused, bigamy is a criminal offense that can affect divorce, asset division, and family relationships. Law Offices Of SRIS, P.C. helps people in Botetourt County navigate the civil family‑law implications of bigamy. Mr. Sris and the firm’s Of Counsel attorneys appear in Botetourt County Circuit Court and Juvenile & Domestic Relations District Court on annulment, divorce, and related matters. To schedule a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Bigamy Means in Botetourt County, Virginia
Bigamy is the act of marrying one person while still lawfully married to another. Under Virginia law, a marriage entered into while a previous marriage remains undissolved is void ab initio — that is, it is treated as if it never happened. The civil consequences are immediate: the void marriage cannot support a claim for equitable distribution, spousal support, or inheritance rights as a surviving spouse.
In Botetourt County, family‑law matters involving bigamy typically come before the Circuit Court for annulment and divorce, while standalone custody and support issues are heard in the Juvenile and Domestic Relations District Court. The same courthouse at 20 E. Back Street, Suite A, Fincastle, handles both. A party who discovers a marriage is bigamous can petition the Circuit Court for an annulment, which officially declares the marriage void. If children were born during the bigamous union, custody and child support remain the court’s concern, and the trusted‑interests standard under Va. Code § 20‑124.3 still applies. Because a void marriage can create complicated property and parenting questions, retaining counsel with local court experience helps protect your interests.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Bigamy Cases
A bigamy‑related family law matter often begins with an annulment. The petitioner must show that one party had a living spouse at the time of the purported marriage, making it void. Mr. Sris and the firm’s Of Counsel attorneys gather marriage records, prior divorce decrees, and any other evidence that establishes the marriage’s invalidity. They then file a complaint in Botetourt County Circuit Court asking the court to declare the marriage void and, where necessary, address property issues that arose during the void relationship.
If the bigamy allegation surfaces in a divorce case — for example, one spouse claims the marriage should be annulled rather than divorced — the firm works to present the facts and advocate for a resolution that protects the client’s financial and parental rights. The process may involve temporary hearings for child custody or support, discovery to determine each party’s assets, and, when appropriate, negotiation or mediation. Throughout, the goal is to bring clarity to a legally ambiguous situation while keeping the focus on the family’s future. Because bigamy can also trigger criminal prosecution under Va. Code § 18.2‑362, the firm’s attorneys coordinate civil and criminal strategy when needed, drawing on Mr. Sris’s experience as a former prosecutor.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor who 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. The firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.
When you call (888) 437‑7747, you reach a team that has handled family‑law matters in Botetourt County courts for many years. The firm’s approach to bigamy cases is practical: we identify the legal status of the marriage, assess what financial and parental issues must be resolved, and work to bring the matter to a conclusion that lets you move forward.
Frequently Asked Questions
What is bigamy under Virginia law?
Bigamy occurs when a person marries another while still legally married to a living spouse. Virginia Code § 18.2‑362 makes bigamy a criminal offense, but the civil effect is that the second marriage is void from the start. A void marriage gives neither spouse the usual marital rights to equitable distribution, spousal support, or inheritance. The Botetourt County Circuit Court can declare the marriage void through an annulment proceeding, confirming that the marriage never had legal effect.
How does bigamy affect a divorce case in Botetourt County?
If a marriage is bigamous, the case shifts from divorce to annulment, because a void marriage cannot be divorced. The court must first determine whether a prior undissolved marriage existed. If it did, the current marriage is declared void, and the parties are essentially returned to their pre‑marriage status. Issues such as property acquired together, custody, and child support are resolved separately, often under equitable principles rather than Virginia’s marital property laws.
Can a bigamous marriage be annulled?
Yes, a bigamous marriage may be declared void by obtaining an annulment from the Botetourt County Circuit Court. Because the marriage is void ab initio, the court does not “dissolve” it but confirms that it never existed. The process requires proof that one spouse had a living husband or wife at the time of the ceremony. Once annulled, the parties are legally single, and any attempt to divide property must rely on general civil law rather than equitable distribution statutes.
What if I am accused of bigamy in a family law proceeding?
An accusation of bigamy in a divorce or custody case is a serious claim that the court will examine based on evidence—prior marriage certificates, divorce decrees, and witness testimony. The burden is on the party alleging bigamy to prove the existence of a prior undissolved marriage. An experienced family‑law attorney can help you present the facts, challenge insufficient evidence, and, when appropriate, demonstrate that a prior divorce was completed or that the marriage was otherwise valid.
How does bigamy impact child custody and support?
Even if a marriage is void for bigamy, the Botetourt County Juvenile and Domestic Relations District Court retains authority to determine custody and support for children born during the relationship. The trusted‑interests factors of Va. Code § 20‑124.3 apply regardless of the marriage’s validity. Child support is calculated under Virginia’s statutory guidelines. Paternity may need to be formally established if the parties were not married in the eyes of the law.
Do I need a lawyer for a bigamy‑related annulment in Botetourt County?
While you are not legally required to have an attorney, bigamy annulments involve complex factual and legal issues that benefit from professional guidance. Proving a prior marriage, locating old divorce records, and addressing property or custody disputes all require careful handling. A lawyer familiar with Botetourt County courts can help you meet procedural requirements and avoid delays. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.
To discuss your situation with an attorney, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Attorney advertising. Prior results do not guarantee a similar outcome.
Results may vary.
Case results depend on a variety of factors unique to each case.