Bigamy lawyer Near Me

If you have discovered that your spouse was already married at the time of your wedding, you need clear, experienced legal guidance. Bigamy is a serious matter in Virginia, both as a criminal offense and as a ground for annulment or divorce. Law Offices Of SRIS, P.C. Concentrates its family law practice on the civil side of bigamy—helping clients pursue annulments, divorces, and resolutions of property, support, and custody issues when a marriage is void or voidable because one spouse already had a living spouse. We do not handle criminal bigamy defense; instead, we advocate for individuals who are seeking to untangle the legal and financial consequences of a bigamous union. Mr. Sris and the firm’s Of Counsel attorneys serve clients in Roanoke and throughout Virginia from our Fairfax and Richmond locations. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation about your bigamy-related family law matter. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Bigamy and Family Law in Roanoke, Virginia

In Virginia, bigamy renders a marriage void from its inception. Under Va. Code § 20-89.1, a marriage shall be annulled when the injured party proves that at the time of the marriage the other party had a living spouse and the prior marriage had not been dissolved or annulled. For residents of Roanoke, an annulment petition based on bigamy is filed in the Roanoke City Circuit Court, which has exclusive original jurisdiction over divorce and annulment actions. The same court also handles related equitable distribution, spousal support, and child custody matters when the marriage is declared void. Because a bigamous marriage is not legally valid, the court’s focus shifts from traditional divorce grounds to the fair allocation of property acquired during the relationship and the best interests of any children born of the union.

Roanoke’s family law docket includes cases from the surrounding counties of Botetourt, Franklin, and Bedford, all of which are served by our firm’s attorneys. While the criminal aspects of bigamy are prosecuted separately under Va. Code § 18.2-362, the family law side is entirely civil. Even if no criminal charges are filed, the existence of a bigamous marriage can dramatically affect child custody determinations, property rights, and the enforcement of any purported marital agreements. Our role is to bring clarity to these civil consequences, working through the procedures specific to the Roanoke City Circuit Court and the Juvenile and Domestic Relations District Court where support or custody matters are heard independently.

How Mr. Sris and His Of Counsel Handle Bigamy Cases

When a client contacts us about a bigamy situation, we first evaluate whether the marriage is void or voidable and what legal remedy best serves the client’s goals. Annulment is often the primary objective because it declares the marriage invalid ab initio, as if it never happened. In Virginia, an annulment based on bigamy does not require a separation period; the petition can be filed as soon as the bigamous nature of the marriage is confirmed. If the parties have children or have accumulated significant assets, a concurrent proceeding for custody, support, and property division is typically necessary. Mr. Sris and the firm’s Of Counsel attorneys approach each bigamy case by mapping out the evidentiary requirements—such as obtaining certified marriage records and, when necessary, records from a prior marriage that remains undissolved—and then presenting the case to the court in a focused, efficient manner.

Because bigamy often involves spouses who may reside in different states or even different countries, our firm’s multi-state practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York allows us to address cross-border issues. For Roanoke clients whose spouse may be located elsewhere, we coordinate service of process and, when needed, work with co‑counsel in other jurisdictions to enforce or challenge prior divorce decrees. Throughout the process, we remain attentive to the practical impact on our clients: protecting assets, establishing proper custody arrangements, and ensuring that the legal record reflects the true status of the marriage. Our approach is thorough and grounded in the specific procedures of the Virginia courts where the case must be heard.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced family law for over twenty-five years. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he has personally handled numerous complex annulment and divorce cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), reflecting his deep involvement with Virginia’s evolving family law statutes. He works alongside the firm’s Of Counsel attorneys, each of whom has extensive experience in litigation and family law matters. Together, Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary.

The firm’s Roanoke‑area clients benefit from the same depth of resources and multi‑jurisdictional perspective as clients throughout Virginia. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in the Roanoke City Circuit Court and the Juvenile and Domestic Relations District Court, handling cases that range from straightforward annulments to high‑asset equitable distribution disputes arising from void marriages. Our firm has served clients since 1997, and we bring that institutional knowledge to every bigamy case we accept. For a confidential consultation, call Law Offices Of SRIS, P.C. at (888) 437-7747.

Frequently Asked Questions

What is bigamy under Virginia law?

Bigamy is the act of marrying someone while still legally married to another living person whose prior marriage has not been dissolved or annulled. Under Va. Code § 20-89.1, it renders the later marriage voidable—and typically void ab initio—entitling the innocent spouse to an annulment. In family law, the focus is not on criminal culpability but on the legal status of the marriage, the division of any property acquired during the relationship, spousal support, and custody of children born during the void union.

Do I need a lawyer for a bigamy‑related annulment in Roanoke?

Yes, hiring an experienced family law attorney is strongly advisable when seeking an annulment based on bigamy. Proving that your spouse had a living spouse at the time of your marriage often requires obtaining certified records from other states or countries, navigating service of process issues, and presenting evidence to the court. Mr. Sris and the firm’s Of Counsel attorneys understand the procedural requirements of the Roanoke City Circuit Court and can build the necessary evidentiary record while protecting your rights to property and support.

How does bigamy affect child custody in Virginia?

Child custody in Virginia is determined based on the best interests of the child under Va. Code § 20-124.3, regardless of the validity of the parents’ marriage. A bigamous marriage does not strip a parent of their rights to custody or visitation. The court will consider the same ten statutory factors, including each parent’s relationship with the child, their fitness, and any history of abuse. Our firm helps clients present a clear parenting plan and evidence supporting their ability to care for the child, while addressing any complications introduced by the void marriage.

What is the difference between criminal bigamy and a civil annulment?

Criminal bigamy is prosecuted by the Commonwealth and may result in felony charges under Va. Code § 18.2-362, while a civil annulment is a private family law action to declare the marriage void. The two proceedings are entirely separate. Our firm handles only the civil side—annulment, divorce if needed, property division, and support. If you are facing criminal charges, you would need separate criminal defense counsel; we can help coordinate the civil strategy in parallel with that defense.

How long does an annulment based on bigamy take in Virginia?

The timeline for an annulment based on bigamy varies depending on whether the case is contested, the availability of evidence, and the court’s schedule. An uncontested annulment with clear documentation and a cooperating spouse may be resolved within a few months. If the respondent disputes the prior marriage’s existence or contests property or support issues, the matter can take longer. Mr. Sris and his Of Counsel work to move the case as efficiently as the procedural rules allow, keeping you informed at each stage.

What should I bring to a consultation about a bigamy matter?

Bring any marriage certificates (yours and, if available, your spouse’s prior marriage records), any divorce or annulment decrees concerning prior marriages, financial records, prenuptial agreements, and any communication about the bigamy. If you have children born during the marriage, bring their birth certificates and any existing custody or support orders. The more documentation you can provide at the first meeting, the better we can assess the strength of your annulment claim and the scope of any related property or support issues. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

For related family law services, visit our divorce practice or learn about our Virginia family law representation.

Virginia statutes: Virginia Code Title 20 (Domestic Relations). Virginia courts: Roanoke City Circuit Court and Roanoke Juvenile and Domestic Relations District Court.

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Case results depend on a variety of factors unique to each case.