Bigamy lawyer Chesapeake, VA
Bigamy—entering into a marriage while still legally married to another living person—creates a legally void second marriage under Virginia law. For the innocent spouse who discovers the marriage is invalid, or for a party who needs to resolve the civil consequences of a marriage that cannot stand, the path forward involves annulment proceedings, property division, and often custody determinations. Law Offices Of SRIS, P.C. represents clients in Chesapeake and throughout Hampton Roads in family law matters arising from bigamous marriages, including petitions for annulment filed in the Chesapeake Circuit Court at 307 Albemarle Drive. Mr. Sris and the firm’s Of Counsel attorneys bring experience in Virginia family law to these sensitive cases, working to resolve the legal status of the marriage and address the financial and parental consequences that follow. Whether you recently learned your spouse was not free to marry or you need to untangle years of intertwined finances from a void marriage, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Bigamy Means in Chesapeake, Virginia
Under Virginia law, a marriage is void from its inception when one party had a living spouse at the time the marriage was solemnized. Va. Code § 20-89.1 identifies bigamous marriages among the categories of marriages that are void without any decree—meaning the marriage has no legal effect from the moment it was contracted. Despite this automatic void status, a judicial declaration of annulment or an order confirming the marriage’s invalidity is often essential to resolve property claims, clarify parental rights, and allow either party to remarry with legal certainty. The Chesapeake Circuit Court, located at 307 Albemarle Drive, has exclusive jurisdiction over annulment proceedings and the equitable distribution of property acquired during a marriage later determined to be void.
Chesapeake, as an independent city within the First Judicial District of Virginia, sits at the intersection of major transportation corridors including I-64, I-464, and Route 168. The city’s population centers—Greenbrier, Great Bridge, Deep Creek, and others—are served by the Chesapeake Circuit Court for divorce and annulment matters and by the Chesapeake Juvenile and Domestic Relations District Court for custody, visitation, and child support issues that may arise when a marriage is declared void. Because a bigamous marriage is void ab initio, the court’s role shifts from dividing marital property under the equitable distribution framework of Va. Code § 20-107.3 to addressing what property each party brought to the relationship and what financial remedies may be available. An experienced family law attorney can help navigate these distinctions, which differ substantially from a standard divorce proceeding where the marriage is presumed valid.
Virginia also treats bigamy as a criminal offense under Va. Code § 18.2-362, though the civil consequences—annulment, property disposition, and child custody—proceed independently in family court. A person who entered into a bigamous marriage in good faith, believing their spouse was free to marry, may have claims for relief that differ from those of a party who knew of the impediment. The Chesapeake courts evaluate these matters based on the specific facts of each case, and the procedural path depends on whether the marriage produced children, whether the parties accumulated assets together, and how long the parties lived together before discovering the legal defect. Mr. Sris and the firm’s Of Counsel attorneys can explain how Virginia law applies to your particular situation in Chesapeake.
How Mr. Sris and His Of Counsel Handle Bigamy Cases
Addressing the civil consequences of a bigamous marriage requires working through several interconnected legal issues. The first step is typically to determine the marriage’s legal status—either by filing a petition for annulment in Chesapeake Circuit Court or, where appropriate, seeking a declaratory judgment that the marriage is void. This establishes a clear legal record that the marriage was never valid, which matters for remarriage eligibility, property claims, and other legal rights that depend on marital status.
Once the marriage’s status is resolved, attention turns to the practical consequences: what happens to property acquired during the relationship, how debts are allocated, and what custody and visitation arrangements serve the best interests of any children born during the union. Because a void marriage does not create marital property under the same rules that apply in a divorce, the analysis differs from standard equitable distribution. The court may look to principles of equity, the contributions of each party, and whether one party was unjustly enriched at the other’s expense. For children, Virginia custody law under Va. Code § 20-124.3 applies regardless of the marriage’s validity, and the court considers the ten statutory best-interest factors in determining custody and visitation. Mr. Sris and the firm’s Of Counsel attorneys guide clients through each of these stages, from the initial filing at the Chesapeake courthouse through resolution of all related matters.
In some cases, one party may also face criminal exposure for bigamy. While Law Offices Of SRIS, P.C. Concentrates its family law practice on the civil aspects of these matters, the firm can address how a pending or potential criminal charge may affect the civil proceeding, including the impact on custody determinations and the admissibility of statements made in the family court case. The firm’s approach is to address the full scope of the client’s situation, coordinating the civil strategy with any separate criminal defense representation the client may have.
About Mr. Sris and the Firm’s Of Counsel Attorneys
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. A former prosecutor, he brings experience in both the civil and criminal dimensions of family law matters, including cases where the validity of a marriage is at issue. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). The firm’s Of Counsel attorneys bring extensive combined legal experience in family law, domestic relations, and related practice areas. Mr. Sris and the firm’s Of Counsel attorneys appear in Chesapeake courts and throughout the Hampton Roads region for annulment, divorce, custody, and property matters. Reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Frequently Asked Questions
What is bigamy under Virginia law?
Bigamy in Virginia is the act of marrying one person while still legally married to another living person, and it renders the second marriage void from the beginning. Under Va. Code § 20-89.1, a bigamous marriage has no legal effect—it is as if the marriage never occurred. This means the parties do not need to obtain a divorce to end the marriage, but they may need a court order declaring the marriage void or granting an annulment to resolve property claims, custody issues, and remarriage eligibility. Bigamy also carries potential criminal consequences under Va. Code § 18.2-362, though the civil and criminal proceedings are separate. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a bigamous marriage affect property division in Chesapeake?
Because a bigamous marriage is void, the standard equitable distribution rules under Va. Code § 20-107.3 generally do not apply in the same way they do in a divorce. The court cannot divide marital property because no valid marriage existed to create it. Instead, the court may use equitable principles to return each party to the position they would have been in absent the marriage, including restoring separate property and addressing claims of unjust enrichment. Property acquired jointly during the relationship may be partitioned. The Chesapeake Circuit Court handles these determinations, and each case turns on its individual facts—including whether one party knew of the impediment and how the parties structured their finances. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a bigamous marriage be annulled in Virginia?
Yes, a bigamous marriage can be annulled in Virginia, and a petition for annulment may be filed in the Chesapeake Circuit Court. Although the marriage is void automatically, a formal annulment decree provides a clear legal record that the marriage never existed, which is important for remarriage, property transfers, and other legal purposes. The innocent spouse—the party who married without knowing the other was already married—typically has standing to seek annulment. The petition must establish that a prior undissolved marriage existed at the time of the second ceremony. The Chesapeake Circuit Court at 307 Albemarle Drive has jurisdiction over annulment proceedings in Chesapeake. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
What happens to children from a bigamous marriage in Virginia?
Children born during a bigamous marriage are entitled to the same custody, visitation, and support determinations as children from any other relationship under Virginia law. The validity of the marriage does not affect a parent’s rights or obligations toward their child. Chesapeake Juvenile and Domestic Relations District Court handles standalone custody and support matters, while the Chesapeake Circuit Court addresses custody and support within the context of an annulment or divorce proceeding. The court applies the ten best-interest factors in Va. Code § 20-124.3 regardless of the marriage’s legal status. Child support is calculated under the Virginia guidelines based on the parents’ combined gross income. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Do I need a lawyer for a bigamy annulment in Chesapeake?
You are not legally required to have an attorney to file for annulment in Virginia, but legal representation helps ensure the annulment is properly granted and the related financial and custody issues are addressed. Annulment proceedings based on bigamy involve proving the prior marriage existed and was not dissolved—which may require obtaining marriage records, divorce decrees, or evidence from another jurisdiction. The procedural requirements for service of process, corroborating evidence, and property disposition can be complex. An attorney can also address the collateral consequences of the void marriage, including how it affects property ownership, debts, and any immigration status tied to the marriage. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
How does Virginia treat a spouse who unknowingly entered a bigamous marriage?
Virginia law generally treats an innocent spouse—one who married without knowledge of the prior undissolved marriage—favorably in annulment proceedings and related financial matters. The innocent spouse may seek annulment, request that the court restore their separate property, and in some cases pursue claims for support or reimbursement of contributions made during the relationship. The court considers whether one party was deceived, whether unjust enrichment occurred, and what equitable remedies are appropriate. The Chesapeake Circuit Court evaluates these factors on a case-by-case basis. An experienced family law attorney can help identify the remedies available in your specific circumstances. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
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Virginia family law resources: Virginia Code Title 20 — Domestic Relations | Chesapeake Circuit Court | Virginia Judicial System
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