Bigamy lawyer Loudoun County, VA
Virginia law treats bigamy as a serious felony offense. A person who marries another while having a living spouse—or who knowingly marries a person who is already married—faces criminal prosecution and a potential prison sentence. The collateral consequences of a bigamy conviction reach far beyond the criminal case: a bigamous marriage is void from its inception, which can complicate property division, spousal support, and child custody issues when the marriage is later dissolved. If you are facing a bigamy charge in Loudoun County, or if you need to address the family-law fallout of an allegedly bigamous marriage, experienced legal counsel is essential. Mr. Sris, a former prosecutor who founded Law Offices Of SRIS, P.C. in 1997, and the firm’s Of Counsel attorneys represent individuals in bigamy-related matters throughout Loudoun County. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
On This Page
ToggleWhat Bigamy Means in Loudoun County, Virginia
Bigamy is defined by Virginia Code § 20-38. Under the statute, a person commits bigamy when, being lawfully married, he or she marries another person during the life of the spouse—or when an unmarried person knowingly enters into a marriage with someone who is already married. The offense is a Class 4 felony under Va. Code § 20-39, punishable by a term of imprisonment between two and five years. Because bigamy is a felony, all proceedings are heard in the Loudoun County Circuit Court, located at 18 East Market Street, Leesburg, VA 20176.
Loudoun County’s fast-growing communities—including Ashburn, Leesburg, Sterling, South Riding, and Brambleton—are home to families with cross-jurisdictional ties, and questions about the validity of prior marriages can arise in divorce, estate, and immigration contexts. A bigamous marriage is void ab initio under Virginia law; it never existed legally. That void status means no equitable distribution of marital property acquired during the void marriage, no spousal support obligation, and no legal presumption of parentage for children born during the void union—though custody and support for any children are independently determined by the Loudoun County Juvenile and Domestic Relations District Court. Our Ashburn location serves clients throughout Loudoun County who are confronting these overlapping criminal and family-law challenges.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Bigamy Cases
A bigamy case requires simultaneous navigation of the criminal charge and the civil consequences of an invalid marriage. The firm’s approach begins with a thorough review of the facts: the timing and jurisdiction of any prior marriages, the validity of any prior divorce decrees, and the knowledge and intent of the accused party. Because bigamy is a specific-intent crime in Virginia, the prosecution must prove that the defendant knew he or she was entering into a marriage while still lawfully married to another. Legally insufficient service of a prior divorce, mistaken belief about the dissolution of a foreign marriage, or the invalidity of an earlier marriage itself can all provide viable defenses.
When the firm represents a spouse who seeks an annulment based on bigamy, the civil side of the case proceeds in the Loudoun County Circuit Court. Mr. Sris and the firm’s Of Counsel attorneys work to protect the client’s rights regarding any jointly acquired property, parental responsibilities, and support obligations—all of which must be addressed through separate equitable or statutory remedies since the void marriage itself creates no marital rights. The firm’s attorneys have experience in both the criminal courtroom and the family-law division of Loudoun County Circuit Court, and they understand the interplay between the two proceedings. The firm works toward favorable outcomes for each client, but no attorney can guarantee a particular result.
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 to the bars of Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background as a former prosecutor gives him insight into how the Commonwealth builds a criminal case and where the weaknesses in the state’s evidence may lie. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), addressing family-law issues before the legislature.
The firm’s Of Counsel attorneys bring additional depth to bigamy representations. They include lawyers with prior prosecutorial and law enforcement experience, as well as attorneys who concentrate their practices in criminal defense and family litigation. The team’s collective familiarity with Virginia’s criminal statutes and the local procedures of the Loudoun County Circuit Court allows the firm to address both the criminal defense and the civil family-law components of a bigamy matter under one roof. The firm has represented many clients in Loudoun County since opening its Ashburn location.
Frequently Asked Questions
What is bigamy under Virginia law?
Bigamy occurs when a married person enters into another marriage while the first spouse is still living, or when an unmarried person knowingly marries someone who is already married. Virginia Code § 20-38 defines the offense, and it extends to marriages performed in another jurisdiction if the result would be bigamous under Virginia law. A bigamous marriage is void, meaning it is treated as though it never existed. This has immediate legal implications for property claims and spousal support.
What are the penalties for a bigamy conviction in Virginia?
Bigamy is a Class 4 felony punishable by a term of imprisonment of not less than two years and not more than five years under Va. Code § 20-39. A felony conviction also carries collateral consequences including a permanent criminal record, loss of certain civil rights, and potential immigration consequences for non-citizens. The case will proceed in the Loudoun County Circuit Court, which has jurisdiction over all felony matters. An experienced attorney can evaluate the strengths and weaknesses of the Commonwealth’s evidence and advise you on the trusted course of action.
Can a bigamous marriage be annulled in Loudoun County?
Yes, a marriage that is bigamous is void from the beginning, and a declaratory judgment action can be filed in the Loudoun County Circuit Court to obtain a judicial decree confirming the marriage’s invalidity. While no formal annulment is required because the marriage never legally existed, obtaining a court order can be important for resolving questions about property, support, and custody. The firm represents spouses who need to establish that a marriage is void so that they can move forward with their property and family arrangements.
Do I need a lawyer if I am charged with bigamy?
Yes, because bigamy is a felony that carries the possibility of incarceration, a permanent criminal record, and significant collateral consequences, hiring an attorney is strongly recommended. A lawyer can investigate the facts, examine the validity of any prior divorce decrees, and mount a defense based on lack of knowledge, procedural defects, or the invalidity of the earlier marriage. Mr. Sris and the firm’s Of Counsel attorneys handle bigamy defenses in Loudoun County Circuit Court and can represent you at every stage of the proceeding.
How does bigamy affect divorce proceedings in Loudoun County?
If a marriage is bigamous, it is void and there is no valid marriage to dissolve; however, a party may still need to seek a judicial determination that the marriage is void, and issues such as custody and support of children born during the union are resolved separately by the court. The Loudoun County Juvenile and Domestic Relations District Court has jurisdiction over child custody and support matters regardless of the marital status of the parents. The firm can assist with filing the appropriate pleadings in the Circuit Court to establish the invalidity of the marriage and with protecting parental rights in the Juvenile and Domestic Relations District Court.
How do I find a bigamy lawyer in Loudoun County?
To find a bigamy lawyer in Loudoun County, look for a law firm with experience handling both criminal defense and family-law matters in the local courts. Law Offices Of SRIS, P.C., through its Ashburn location, serves clients in Loudoun County and represents individuals in bigamy-related criminal cases and civil family-law proceedings. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Related practice areas:
Arlington family law attorney |
Arlington criminal defense lawyer |
Arlington divorce lawyer |
Arlington annulment lawyer
Virginia legal resources:
Virginia Code Title 20 (Domestic Relations) |
Loudoun County Circuit Court
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.