Bigamy lawyer Arlington County, VA

Bigamy—entering into a marriage while already legally married to another person—is a serious matter in Virginia. It carries criminal penalties and profoundly affects family-law matters including divorce, annulment, property distribution, and child custody. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. If you are facing a bigamy investigation or a related family-law dispute in Arlington County, you need an attorney who understands both the criminal and civil dimensions of the issue. Mr. Sris, a former prosecutor who has practiced since 1997, and the firm’s Of Counsel attorneys appear in Arlington County courts and handle cases involving allegations of bigamy, void marriages, annulments, and the collateral family-law consequences. To discuss your situation and how the firm can assist, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What Does a Bigamy Lawyer Handle in Arlington County, Virginia?

An attorney handling bigamy matters in Arlington County addresses two broad areas: criminal defense against a bigamy charge and the family-law proceedings that follow from a void or voidable marriage. Bigamy is a felony under Va. Code § 18.2-362. A person who, while still married, marries another person in Virginia—or a person who knowingly marries someone who is already married—may be charged with a felony. The Arlington County Commonwealth’s Attorney prosecutes these cases in the Arlington County Circuit Court. On the family-law side, a marriage that is bigamous is void from the beginning under Va. Code § 20-38.1. That means it is as though the marriage never legally existed. Issues that often arise include seeking an annulment to formally declare the marriage void, determining property rights when the parties have cohabitated, resolving child-custody and support questions, and addressing the impact on a previously valid marriage. Mr. Sris and the firm’s Of Counsel attorneys are experienced in both the criminal and family-law proceedings that bigamy cases can generate.

Arlington County matters are handled at the Arlington County Circuit Court for felony criminal charges and for any divorce or annulment action. Cases involving custody or support in the context of an invalid marriage may also be heard in the Arlington County Juvenile and Domestic Relations District Court. The firm’s attorneys regularly appear in both Arlington courthouses and understand local procedures. By addressing the criminal defense, annulment, and any related divorce or custody modification together, they work to resolve all the legal consequences of a bigamy situation.

How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Bigamy Cases

Bigamy cases require coordination between criminal defense strategy and family-law remedies. The firm’s approach begins with a review of the facts: the validity of the first marriage, whether the second marriage ceremony occurred in Virginia or elsewhere, the knowledge of the parties, and any subsequent family relationships, including children born during the bigamous union. Because Mr. Sris is a former prosecutor, he understands how the Commonwealth’s Attorney evaluates these cases and what evidence the state needs to prove a felony charge. The firm’s Of Counsel attorneys bring additional experience in family law, including handling annulments and the equitable distribution of assets acquired during a void marriage.

When criminal charges are pending, defense may focus on whether the first marriage was valid, whether the defendant had a good-faith belief that a prior divorce had been finalized, or whether the Commonwealth can meet its burden of proof. Simultaneously, a civil annulment action may be filed in the Circuit Court to obtain a judicial declaration that the second marriage is void. If a couple has already separated, the firm may also address child-custody and support orders through the Juvenile and Domestic Relations District Court. Throughout the process, Mr. Sris and the firm’s Of Counsel attorneys work to protect the client’s rights while aiming for a practical resolution that accounts for both the criminal exposure and the family-law implications.

Frequently Asked Questions

Is bigamy a crime in Virginia?

Yes, bigamy is a felony in Virginia under Va. Code § 18.2-362. A person who marries while already having a living spouse, or who knowingly marries someone already married, commits a felony offense. The charge is prosecuted in the Arlington County Circuit Court. If convicted, a defendant faces a felony record and the sentence determined by the court based on the circumstances. Because the charge is serious, representation by an experienced attorney is essential from the earliest stage of an investigation.

How does bigamy affect a second marriage?

A marriage entered into while one party is still lawfully married to someone else is void in Virginia. Under Va. Code § 20-38.1, a bigamous marriage is void from the beginning. That means no legal marriage ever existed, so no divorce is needed to end it. However, a party may want to obtain an annulment decree from the Circuit Court to establish a formal record that the marriage is void. This can be important for subsequent marriage licensing, property claims, and immigration purposes. The annulment process is handled in the same Arlington County Circuit Court that would have handled a divorce.

Can a person be charged with bigamy if they believed the prior marriage was dissolved?

A good-faith belief that a prior divorce had been completed may be a defense to a bigamy charge. The prosecution must prove knowledge of the existing marriage. If a divorce proceeding was initiated but not finalized, or if a spouse believed that a foreign divorce was valid when it was not, circumstances may exist that could lead to a reduction or dismissal of the charge. Mr. Sris and the firm’s Of Counsel attorneys examine the specific facts, including records from any prior divorce actions, to build the strong $1.

What happens to children born during a bigamous marriage in Virginia?

Children born during a marriage that is later declared void are generally considered legitimate under Virginia law. For child-custody and support purposes, Virginia courts treat children of a void marriage as having the same rights as children of a valid marriage. The Arlington County Juvenile and Domestic Relations District Court retains jurisdiction to enter custody, visitation, and child-support orders. The court applies the trusted-interests-of-the-child standard and the Virginia child-support guidelines, regardless of the marriage’s validity. The firm assists clients in resolving these custody and support matters.

Can a bigamous marriage lead to a divorce instead of an annulment?

Because a bigamous marriage is void, an annulment—not a divorce—is the appropriate legal remedy. Divorce terminates an existing valid marriage; since a bigamous marriage never legally came into existence, there is nothing to terminate. An annulment decree declares the marriage void from the start. However, a party may still need to address issues that arose during the relationship—such as division of jointly acquired property—which the Circuit Court can consider in the annulment proceeding. The firm guides clients through obtaining an annulment and resolving related property questions.

Does bigamy affect spousal support or equitable distribution?

Because the bigamous marriage is void, Virginia’s equitable-distribution and spousal-support statutes do not apply to that marriage. A court cannot divide property as marital property if no valid marriage existed. However, parties may still have claims under other legal theories, such as unjust enrichment or contract, for property acquired together. The firm helps clients understand what relief is available when a void marriage has produced shared assets or financial interdependencies. In some cases, negotiating a separation agreement addressing property and support can avoid litigation over the void status.

What should I do if I am accused of bigamy in Arlington County?

If you learn of a bigamy investigation or receive a charge, you should consult an attorney immediately. Do not discuss the facts with anyone other than your lawyer. Preserve all documents related to prior marriages, divorce decrees, and the second marriage ceremony. The firm can act early to protect your interests, communicate with law enforcement or the Commonwealth’s Attorney’s office, and work toward a resolution that minimizes the impact on your family and your record. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.

How do I choose a bigamy lawyer in Arlington County?

Look for an attorney who handles both criminal defense and family law, and who is familiar with the Arlington County courts. Bigamy cases straddle both areas of law; an attorney who practices in only one of them may not fully appreciate the other’s consequences. Mr. Sris is a former prosecutor with decades of criminal-trial experience, and the firm’s Of Counsel attorneys include family-law practitioners who handle annulments, custody, and support daily. Together they provide the dual perspective a bigamy case requires. Schedule a consultation at (888) 437-7747 to discuss your matter.

Virginia legal resources: Virginia Code § 18.2-362 (Bigamy) | Virginia Code § 20-38.1 (Void Marriages) | Arlington County Circuit Court

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., founded in 1997. He is a former prosecutor who has practiced in Virginia, Maryland, the District of Columbia, New Jersey, and New York for many years. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background in criminal prosecution gives him insight into how the state builds its case in bigamy and other felony matters. The firm’s Of Counsel attorneys bring extensive experience in family-law matters including annulment, child custody, and support. Together, Mr. Sris and the firm’s Of Counsel attorneys have represented clients in Arlington County for criminal and family-law cases since the firm’s establishment. To speak with Mr. Sris or an Of Counsel attorney, call (888) 437-7747.

Last reviewed: July 2026

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