Bigamy lawyer Poquoson, VA
When a spouse enters into a marriage while still legally married to another, the union is void under Virginia law. In Poquoson, Virginia, individuals who discover they are in a bigamous marriage face complex family law issues: annulment, property division, and child custody. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. Law Offices Of SRIS, P.C. represents spouses affected by bigamous unions in family law proceedings—we handle the civil family law outcomes of a void marriage, not criminal bigamy defense. With a Richmond Location serving clients at the Poquoson Circuit Court and the Poquoson Juvenile & Domestic Relations District Court, Mr. Sris and his Of Counsel bring experience in Virginia family law to guide you through these matters. Reach us at (888) 437-7747 to discuss your situation.
What Bigamy Means for Family Law in Poquoson, Virginia
Under Virginia law, a marriage is void from the beginning if either party had a living spouse at the time of the ceremony. Virginia Code § 20-43 declares any such marriage void, without the need for a divorce proceeding, though a court order declaring the marriage void may still be necessary to establish legal clarity. In Poquoson, the Poquoson Circuit Court handles annulment and equitable distribution matters, while the Juvenile & Domestic Relations District Court addresses standalone child custody, visitation, and support issues that arise from a void marriage.
Because a bigamous marriage is legally void, neither party acquires marital property rights in the traditional sense. However, when children are born during the void marriage, custody and support matters must be resolved under Virginia’s best‑interests statute, Va. Code § 20‑124.3. The court may treat the parties as if they were unmarried parents for purposes of custody and visitation. Additionally, if one spouse provided financial support to the other during the invalid marriage, equitable principles may allow for limited reimbursement or division of jointly acquired assets, depending on the specific facts. Law Offices Of SRIS, P.C. serves clients in Poquoson and throughout Virginia from its Richmond Location, appearing regularly in the Poquoson Circuit Court at 500 City Hall Avenue.
How Mr. Sris and His Of Counsel Handle Bigamy‑Related Family Law Cases
Mr. Sris and his Of Counsel approach bigamy‑related family law matters with a focus on clarifying the void marriage’s legal status and protecting the client’s future. The first step is often filing a petition for annulment or a declaratory judgment that the marriage is void, which terminates any claim of marital status and prevents the other party from asserting spousal rights. When children are involved, the team works to establish custody, visitation, and child support consistent with Virginia’s statutory factors, ensuring that the child’s best interests guide all decisions.
If the parties entered into a separation agreement or the void marriage produced significant jointly held assets, the firm’s attorneys evaluate whether any portion of the property can be divided through equitable relief. While there is no marital estate in a void marriage, the court may still address issues of unjust enrichment or partition of jointly owned real estate. Mr. Sris, practicing since 1997, and his Of Counsel team bring extensive experience in Virginia family law to these nuanced situations. They appear before the Poquoson Circuit Court and the Juvenile & Domestic Relations District Court, presenting clear arguments grounded in Virginia’s void‑marriage statutes.
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. A former prosecutor, his background provides insight into how legal allegations are investigated and presented, which can be valuable when examining the circumstances that led to a void marriage. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
His Of Counsel team includes attorneys with extensive experience in Virginia family law and a former Virginia State Trooper whose investigative perspective strengthens case analysis. All work collectively on behalf of clients; the firm has zero direct employees, and every non‑Sris attorney serves as Of Counsel. Together, Mr. Sris and his Of Counsel bring a broad range of experience to family law matters in Poquoson and across Virginia. Results may vary.
Frequently Asked Questions
What is bigamy under Virginia law?
Bigamy occurs when a person knowingly enters into a marriage while still legally married to another individual. Under Va. Code § 20‑43, the subsequent marriage is void from the start. The criminal statute, Va. Code § 18.2‑362, makes bigamy a Class 4 felony, but in family law, the focus is on the civil consequences—annulment, custody, and property issues. A void marriage gives neither spouse legal marital rights, though children of the union are entitled to support and a custody determination under Virginia’s best‑interests standard.
Can a bigamous marriage be annulled in Poquoson?
Yes, a party can seek a decree declaring the marriage void from the beginning. Because the marriage is void ab initio, the Poquoson Circuit Court can issue an order of annulment confirming that no valid marriage ever existed. This order can serve as a basis for terminating any claims of spousal support or marital property rights. The court may also address child custody and support within the same proceeding or refer those issues to the Juvenile & Domestic Relations District Court, which handles standalone custody matters.
Does bigamy affect child custody?
No, bigamy in itself does not bar a parent from seeking custody or visitation. Virginia courts decide custody based on the best interests of the child under Va. Code § 20‑124.3, not on the validity of the marriage. However, evidence that a parent knowingly entered into a fraudulent marriage may be relevant to character and stability. The Poquoson J&DR Court, or the Circuit Court if the case is consolidated, will apply the same ten statutory factors that govern all custody disputes.
What are the property rights in a void marriage?
In a void marriage, neither spouse acquires marital property rights because no legal marriage ever existed. Virginia’s equitable distribution statute, Va. Code § 20‑107.3, does not apply. However, if the parties jointly purchased real estate or accumulated assets during the void relationship, they may need to resolve ownership through partition, unjust enrichment, or other civil remedies. The court may consider the contributions of each party and fashion an equitable remedy based on general principles of fairness, not family law distribution rules.
Do I need a lawyer for bigamy‑related family law issues?
You are not legally required to hire a lawyer, but the legal consequences of a void marriage can be complex, and an attorney can help protect your rights and your children’s interests. A lawyer can prepare the necessary court documents, advise on the burden of proof to establish the marriage’s invalidity, and present evidence regarding custody and property. Mr. Sris and his Of Counsel team have experience handling family law matters in Poquoson’s courts and can provide tailored guidance. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Virginia Family Law Resources:
Virginia Code •
Virginia Judicial System •
Virginia Circuit Courts
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Results may vary.
Case results depend on a variety of factors unique to each case.