Bigamy lawyer Virginia Beach, VA
If you have learned that your spouse was already legally married at the time of your wedding, you are facing a situation that impacts the validity of your marriage. At Law Offices Of SRIS, P.C., we represent individuals in Virginia Beach and across Virginia who need family law guidance when a marriage is void because of bigamy. Bigamy is a serious concern in Virginia, and while it carries criminal consequences, our focus is on the civil family law side—helping clients obtain an annulment, address property rights, and resolve child‑related matters that arise from a bigamous union. Mr. Sris, Owner and Founder of the firm, and his Of Counsel team have extensive experience handling complex family law issues. We understand the stress of discovering a marriage is not legally valid and can walk you through the steps to protect your interests. Reach our firm at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How a Bigamy Lawyer in Virginia Beach Can Help
When a marriage is entered into while one spouse is still lawfully married to another person, the marriage is void from the beginning. Under Virginia law, such a marriage has no legal effect, and either party may seek an annulment from the Virginia Beach Circuit Court. An annulment declares the marriage void as though it never existed, which is different from a divorce. Mr. Sris and his Of Counsel team assist clients in filing the necessary court documents, presenting evidence of the prior undissolved marriage, and navigating the procedural requirements. The Virginia Beach Circuit Court, located at 2425 Nimmo Parkway, handles annulment and all divorce‑related matters for Virginia Beach residents. Our firm’s Richmond location serves clients in Virginia Beach, and we appear regularly in the Fourth Judicial District.
Because bigamy cases often involve factual complexities—such as proving the existence of a previous marriage that may have been contracted in another state or country—it is important to have experienced counsel. The court will require credible evidence, which may include a marriage certificate, testimony, or other records showing that the earlier marriage was never dissolved. Once the annulment is granted, the parties’ property rights, spousal support claims, and any child custody or support arrangements must still be addressed. Mr. Sris and his Of Counsel can guide you through each stage, working toward a resolution that protects your financial and parental interests. The timeline varies by case complexity and court scheduling, and we focus on moving matters forward efficiently.
Frequently Asked Questions
What is bigamy under Virginia family law?
In Virginia, a marriage is bigamous—and void—if one spouse was already married to a living person at the time of the ceremony and that prior marriage had not been dissolved by death, divorce, or annulment. This principle is codified in Va. Code § 20‑89.1, which permits a court to annul a bigamous marriage. The void marriage has no legal status, and neither party acquires marital rights from it. Bigamy is distinct from a marriage that is merely voidable; it is absolutely void from the start. Our firm focuses on the family law consequences, not the criminal prosecution of bigamy.
Can I get an annulment if my spouse was already married?
Yes. If you can prove that your spouse had a living, undissolved marriage at the time you married, you may petition the Virginia Beach Circuit Court for an annulment. The annulment declares the marriage void, and the court may also address property division, spousal support, and child‑related issues. The petitioner must present evidence such as a certified marriage license, divorce decree (or absence thereof), or other documentation demonstrating the continued existence of the earlier marriage. An experienced family law attorney can help you gather the necessary proof and file the appropriate pleadings.
Is bigamy a crime in Virginia?
Yes. Bigamy is a felony under Virginia criminal law, but our practice is limited to the civil family law aspects. If you are facing criminal charges for bigamy, you would need a criminal defense attorney. Our firm handles the annulment, property division, and custody matters that flow from a bigamous marriage. Understanding the criminal implications can be important, but our role is to resolve the civil status of the marriage and protect your rights in the family court.
What must I prove to get an annulment based on bigamy in Virginia Beach?
You must show that at the time you entered into the marriage, your spouse was legally married to someone else and that prior marriage had not been dissolved. Evidence typically includes the earlier marriage certificate, a search of divorce records showing no dissolution, or testimony from witnesses who can attest to the prior relationship. The Virginia Beach Circuit Court will evaluate the evidence and, if satisfied, enter a decree of annulment. The court may also decide incidental matters such as custody, child support, and equitable distribution, even though the marriage is void.
How long does an annulment based on bigamy take?
The time frame depends on the court’s calendar, the availability of evidence, and whether the other spouse contests the petition. Uncontested annulment cases can move more quickly, while contested matters—where the other spouse disputes the existence of a prior marriage—take longer. There is no fixed statutory deadline for the annulment process, but pursuing it promptly helps avoid further legal complications. Our firm works to present a clear case and advance the matter without unnecessary delay. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Will my bigamous marriage affect child custody decisions?
Child custody is determined based on the best interests of the child, not on the validity of the parents’ marriage. Under Va. Code § 20‑124.3, the court considers ten factors, including the child’s relationship with each parent, each parent’s role in the child’s life, and any history of abuse. Even though the marriage is void, the parents still have rights and obligations regarding any children born during the relationship. Custody, visitation, and child support will be decided in the same annulment proceeding or in a separate Juvenile and Domestic Relations Court action.
Can I get spousal support after a bigamous marriage is annulled?
Generally, spousal support is not available after an annulment because the marriage is treated as if it never existed. However, Virginia law allows a court to consider equitable factors and may, in limited circumstances, award support if justice requires. The outcome depends on the specific facts, including the financial circumstances of both parties and whether the party seeking support acted in good faith without knowledge of the bigamy. Our attorneys can help you understand how your individual situation may be addressed.
Do I need a lawyer to file for annulment based on bigamy?
You are not required to have a lawyer, but annulment proceedings can be legally and factually complex. Proving the existence of a prior undissolved marriage often requires obtaining and authenticating documents, complying with court rules, and presenting persuasive evidence. An attorney can help avoid procedural missteps that could delay or jeopardize the case. Mr. Sris and his Of Counsel team have extensive experience in Virginia family law and can assist. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
How do I start the annulment process in Virginia Beach?
You begin by filing a complaint for annulment in the Virginia Beach Circuit Court. The complaint should state the facts establishing bigamy and request that the court declare the marriage void. The filing fee and court costs apply; you can obtain current information from the clerk’s office or our firm. After filing, the other spouse must be served with the complaint. Once the court hears the matter and finds sufficient evidence, it may grant the annulment. We can help you prepare the paperwork and represent you throughout the proceeding.
What happens if both parties knew about the bigamy?
If both parties knowingly entered into a bigamous marriage, the marriage is still void. The court will annul it, but issues such as property division may be affected by the parties’ conduct. Virginia courts consider equitable principles, including whether a party acted in bad faith. Even when both spouses were aware, the court may still make orders regarding children and, in limited cases, financial matters. Each situation is unique, and consulting with an attorney is the trusted way to understand your options.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He leads a team of experienced Of Counsel attorneys who handle family law matters, including annulments based on bigamy. Mr. Sris and his Of Counsel bring over 120 years of combined legal experience, paired with 4,739+ documented firm-wide results. Results may vary. Our firm’s Richmond location serves clients in Virginia Beach and throughout the Fourth Judicial District. For a consultation, reach us at (888) 437‑7747.
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