Bigamy lawyer Bedford County, VA
Bigamy is a serious criminal offense in Virginia that also carries significant family law implications. In Bedford County, a person facing accusations of entering a marriage while still legally married to another spouse needs legal guidance that understands both the criminal exposure and the civil consequences—annulment, property division, child custody, and support. Mr. Sris and the firm’s Of Counsel attorneys represent clients in Bedford County family law matters that involve bigamy, including annulment proceedings, divorce, and collateral custody disputes. Mr. Sris is a former prosecutor, and his experience informs a comprehensive approach that addresses the full scope of a bigamy case. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
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ToggleWhat Bigamy Means in Bedford County, Virginia
Bigamy is defined by Virginia law as marrying another person while a lawful spouse is still living and the previous marriage remains undissolved. Under Va. Code § 18.2-362, bigamy is a Class 4 felony, punishable by a term of imprisonment of two to ten years and a fine of up to $100,000. A person who knowingly enters a bigamous marriage, or who marries a person they know is already married, can face prosecution in the Bedford County Circuit Court. The criminal case proceeds independently, but it can shape and complicate pending family law actions.
From a family law perspective, a bigamous marriage is void from the start—it has no legal effect. A party who discovers that their spouse was already married may seek an annulment in the Bedford County Circuit Court to obtain a judicial declaration that the marriage was never valid. In many situations, an annulment is the appropriate remedy, rather than a divorce, because there was no valid marriage to dissolve. However, if the couple had children or acquired property during the void union, related custody, visitation, and support issues must be resolved in the Bedford County Juvenile and Domestic Relations District Court. Equitable distribution does not apply to a void marriage in the ordinary sense, but property disputes may still arise and require resolution by a civil court.
For clients in Bedford, Forest, Smith Mountain Lake, Moneta, and surrounding communities, the firm’s Shenandoah Location serves as a convenient resource. Bedford County courts are located at 123 East Main Street, Suite 202, Bedford, Virginia. The firm appears regularly before the Bedford County Circuit Court and the Bedford County Juvenile and Domestic Relations District Court in family law and criminal matters related to bigamy.
How Mr. Sris and His Of Counsel Handle Bigamy-Related Family Law Cases
Every bigamy situation is unique. The firm begins by evaluating the criminal exposure—whether charges have been filed, whether an investigation is ongoing, and what defenses may exist. Mr. Sris draws on his background as a former prosecutor to assess the strength of the criminal case and to advise clients on interactions with law enforcement and prosecutors. At the same time, the firm’s experienced family law attorneys address the civil dimension: filing for annulment, negotiating child custody and parenting time, resolving property questions, and when necessary, litigating contested issues in court.
Because a bigamy charge and a family law action can proceed simultaneously, the firm coordinates strategy across both arenas. Statements made in a civil custody hearing could impact a criminal defense, so careful planning is essential. The firm works to protect the client’s interests in each proceeding without prejudicing the other. Clients receive clear, direct advice about the legal options and likely outcomes, based on the specific facts of their situation and the practices of the Bedford County courts. The process does not follow a fixed timeline; the scheduling and resolution depend on court calendars, the complexity of property and custody issues, and the status of any criminal matter.
About Mr. Sris and His Of Counsel
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He has practiced since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris is a former prosecutor. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). That background gives him insight into how charges are built and prosecuted, which he applies to the defense of clients facing bigamy accusations.
Mr. Sris and the firm’s Of Counsel attorneys bring broad experience in both criminal defense and family law. The Of Counsel team includes attorneys who previous backgrounds include prosecution and law enforcement work. Their combined knowledge helps clients address overlapping criminal and family law consequences efficiently. Law Offices Of SRIS, P.C. serves clients in English, Spanish, and Tamil. Consultations are available by appointment. Reach the firm at (888) 437-7747.
Frequently Asked Questions
Is bigamy a crime in Virginia?
Yes, bigamy is a criminal offense in Virginia classified as a Class 4 felony under Va. Code § 18.2-362. A person convicted of bigamy faces a prison sentence of two to ten years and a fine of up to $100,000. The offense requires proof that the accused married another person while a prior lawful marriage was still in effect and the prior spouse was living. Knowledge of the existing marriage is an element; a person who honestly believed a prior divorce was final may have a defense. The case is prosecuted in the Bedford County Circuit Court.
What are the family law consequences of a bigamous marriage in Virginia?
A bigamous marriage is void from its inception and has no legal effect in Virginia. The parties are not legally married, so divorce is not necessary. Instead, one or both parties may petition the Bedford County Circuit Court for an annulment to obtain a court order declaring the marriage void. If the couple had children together, custody, visitation, and child support issues will still need to be decided by the Bedford County Juvenile and Domestic Relations District Court. Property acquired during the void relationship may be the subject of a separate civil dispute, but it is not governed by equitable distribution laws that apply to valid marriages.
Can a bigamous marriage be annulled in Bedford County?
Yes, an annulment of a bigamous marriage can be obtained through the Bedford County Circuit Court. The court will issue an order confirming that the marriage was void because one party was already legally married to another person. Annulment proceedings are often simpler than divorce because there is no marriage to dissolve and no grounds beyond the bigamy itself need to be proved. However, if children were born during the void union, the court will still address custody and support as part of or alongside the annulment case. A consultation with an attorney can clarify the specific process for your circumstances.
Do I need a lawyer if I am accused of bigamy in Bedford County?
Yes, retaining an experienced attorney is critical if you are facing a bigamy accusation in Bedford County. A bigamy charge is a felony that carries significant prison time and collateral consequences for employment, reputation, and family relationships. An attorney can evaluate whether the state has sufficient evidence, identify potential defenses—such as a good-faith belief in a prior divorce—and negotiate with the prosecutor to reduce or dismiss the charge where appropriate. Additionally, concurrent family law issues like custody or annulment need coordinated representation. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.
How does a bigamy charge affect child custody in Virginia?
A bigamy charge does not automatically strip a parent of custody rights, but it can influence a court’s analysis of the child’s best interests. Virginia custody decisions are based on the ten factors in Va. Code § 20-124.3. A felony conviction, particularly one involving deception or moral turpitude, may be considered by the judge. The court will also look at the parent’s stability, the relationship with the child, and any history of family abuse. An attorney can present evidence of the parent’s positive involvement and argue that the bigamy charge, standing alone, does not make the parent unfit. The Bedford County Juvenile and Domestic Relations District Court has jurisdiction over custody matters.
Can I get a divorce if my spouse committed bigamy?
If your spouse was already married to someone else when they married you, your marriage is void, and an annulment, not a divorce, is the proper legal remedy. You would file a petition for annulment in the Bedford County Circuit Court. The court will declare the marriage invalid. However, if your spouse entered a valid marriage with you and then later committed bigamy by marrying another person, you can use that bigamy as a ground for divorce. Fault-based divorce on the ground of adultery may apply, or you may choose a no-fault divorce after meeting separation requirements. A family law attorney can help you select the trusted path based on your goals.
Virginia Code Title 18.2 – Crimes and Offenses: Virginia Code Title 18.2. Bedford County Circuit Court: Bedford County Circuit Court.
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