Bigamy lawyer Fairfax, VA

You exchanged vows believing you were starting a life together. Months later, a disturbing discovery surfaces: your spouse was still legally married to someone else on your wedding day. The marriage you thought was permanent may be void under Virginia law. If you are facing the emotional and legal turmoil of a bigamous union, Law Offices Of SRIS, P.C. Concentrates its practice on family law matters including annulments and the nullification of void marriages in Fairfax County. Mr. Sris and the firm’s Of Counsel attorneys can help you understand your options and take the steps necessary to move forward. Reach the firm at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategy Options When Bigamy Surfaces

When a party discovers that their spouse committed bigamy, the primary civil remedy in Virginia is to petition the Fairfax County Circuit Court for a declaration that the marriage is void. Because a bigamous marriage is void from its inception under Virginia law, the court does not need to dissolve the marriage through divorce; it simply confirms that no valid marriage ever existed. Mr. Sris and the firm’s Of Counsel attorneys can evaluate whether an annulment action is appropriate, handle the filing of the complaint, and address ancillary issues that often arise—such as property division, spousal support claims, and custody of children born during the void union. For individuals accused of entering a marriage while still married, the firm also manages the civil consequences that can spill into divorce and equitable distribution proceedings.

What to Expect in Fairfax County Circuit Court

Annulment proceedings for a bigamous marriage are filed in the Fairfax County Circuit Court, which has exclusive jurisdiction over divorce and annulment actions in Virginia. The party seeking the annulment files a complaint setting out the facts of the prior undissolved marriage. A summons is served on the other spouse. Because the marriage is void, the court’s role is generally to declare the nullity and address any collateral matters such as child custody, child support, and property division. India is not a signatory to the 1980 Hague Convention on Civil Aspects of International Child Abduction. The timeline for resolution varies by case complexity and the Fairfax County Circuit Court’s docket. If children are involved, the court applies the “best interests of the child” standard under Va. Code § 20‑124.3 to determine custody and visitation. Spousal support is typically unavailable in a void-marriage context, though the court may fashion remedies for basic fairness in property disputes.

The court will need evidence that the prior marriage existed and was not dissolved at the time of the second ceremony. Certified copies of marriage certificates, divorce decrees if any, and other documentation are essential. Mr. Sris and the firm’s Of Counsel attorneys guide clients through gathering these records and presenting them effectively. An in-person hearing may be required if the respondent contests the annulment; in uncontested cases, the process can be more streamlined, though Virginia still requires corroborating testimony or affidavits to support the filing.

Legal Consequences of a Void Marriage

In Virginia, a marriage entered into while one party is still lawfully married to another is void ab initio—meaning it is treated as though it never legally existed. The consequences extend beyond the status of the union itself. Because the marriage is void, the “spouse” is not entitled to equitable distribution of marital property under Va. Code § 20‑107.3. The couple does not accumulate “marital property” under Virginia’s classification scheme; any jointly titled assets may require a separate civil action for partition. Spousal support under Va. Code § 20‑107.1 is generally unavailable because that statute presupposes a valid marriage. In child-related matters, however, the court will issue orders regarding custody, visitation, and child support without regard to the invalidity of the marriage—a parent’s duty to support a child is unaffected by the nullity of the marriage itself.

If you are the accused party, a finding of bigamy can have collateral effects in other family law cases, including the potential denial of alimony or a claim to marital assets initiated by a prior spouse. Criminal exposure is also present; bigamy is a Class 1 misdemeanor under Virginia law. Our firm primarily handles the civil and family law implications, but our approach accounts for the interplay between the two spheres.

Attorney Credentials

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with experience in criminal trial work. He has practiced family law in Virginia since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm’s Of Counsel attorneys bring additional depth from backgrounds that include a former Assistant State’s Attorney and a CPS contract attorney. Mr. Sris and the firm’s Of Counsel attorneys concentrate their practice on family law matters, including complex annulment and void‑marriage cases in the Fairfax County Circuit Court and other Northern Virginia courts.

Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which revised provisions of Virginia’s equitable distribution statute. That same legislative insight is applied when untangling the property implications of a void marriage.

Frequently Asked Questions

What is bigamy under Virginia family law?

Bigamy occurs when a person enters a marriage while still legally married to another living spouse, and the subsequent marriage is void in Virginia. Unlike a voidable marriage, a bigamous marriage has no legal effect from the start, meaning no divorce is necessary. Instead, a petition to declare the marriage void is filed in the Fairfax County Circuit Court. The court’s role is to issue an order confirming the nullity of the union and to resolve ancillary issues such as child custody. The prior marriage must have been valid and undissolved at the time of the second ceremony for bigamy to apply.

Do I need a lawyer to annul a bigamous marriage in Fairfax County?

While you are not legally required to have an attorney to file for an annulment, navigating the Fairfax County Circuit Court’s procedural requirements and evidentiary burdens is easier with experienced counsel. A bigamy annulment typically requires certified documentary proof of the prior marriage and its ongoing status. Mistakes in procedure or insufficient evidence can delay the case or lead to dismissal. An attorney can also handle contested responses and any related child custody or property disputes that arise, ensuring your interests are protected throughout the proceeding.

How does a bigamy annulment affect property division?

Because a bigamous marriage is void, there is no marital estate to divide under Virginia equitable distribution law. The parties do not accumulate “marital property” as defined in Va. Code § 20‑107.3. Assets titled jointly may be subject to partition actions, and gifts made during the void relationship can raise complicated claims. Mr. Sris and the firm’s Of Counsel attorneys can analyze the specific titles and transactions to determine the most efficient path to untangle the financial entanglement left by a void marriage.

Can I get spousal support if my marriage is void for bigamy?

Spousal support is generally unavailable when a marriage is declared void for bigamy, because the obligation to support a spouse presumes a valid marriage. Virginia courts have limited authority to award support in a void‑marriage context, though equitable considerations might influence a court’s decision regarding property distribution or reimbursement claims. If you were unaware of the bigamy and suffered financial harm, alternative civil remedies such as fraud or unjust enrichment may be explored, though these are separate actions.

What if children were born during a bigamous marriage?

Children born during a void marriage are still considered legitimate in Virginia, and the court can enter custody, visitation, and child support orders. The invalidity of the marriage does not affect the parent‑child relationship or the obligation to support the child. The Fairfax County Juvenile and Domestic Relations District Court may handle standalone custody matters, while the Fairfax County Circuit Court addresses custody when it is part of the annulment proceeding. Both courts apply the trusted‑interests standard under Va. Code § 20‑124.3.

How does a criminal bigamy charge affect my family law case?

A pending or resolved criminal bigamy case can impact annulment proceedings by providing evidence of the prior marriage or the defendant’s knowledge, but the civil and criminal cases proceed on separate tracks. An admission or finding in the criminal case could be offered in the civil annulment matter as factual support. However, the Fairfax County Circuit Court’s annulment determination does not depend on a criminal conviction; the civil standard focuses on the existence of a prior undissolved marriage, which can be proved through documentary evidence even without a guilty plea.

Where are bigamy annulment cases filed in Fairfax County?

All annulment actions, including those based on bigamy, are filed in the Fairfax County Circuit Court. The Circuit Court has exclusive jurisdiction over the dissolution or nullification of marriage under Va. Code § 20‑96. The court address is 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030, within the Nineteenth Judicial District. The Fairfax County Juvenile and Domestic Relations District Court handles only child custody, support, and protective orders, not the annulment itself.

Can I remarry after a bigamy annulment in Virginia?

Yes; once the Fairfax County Circuit Court issues an order declaring the bigamous marriage void, you are free to remarry, provided no other legal impediments exist. The decree confirms that the prior union was never valid, so there is no divorce waiting period or separation requirement to meet. If the prior marriage that caused the bigamy is subsequently dissolved by death or divorce, the path to a new marriage is also clear. Consult with an attorney to ensure all previous marriages have been properly terminated and no other bars to remarriage apply.

For specialized insight on the full statutory framework, review our comprehensive family law analysis.

If you need guidance for a bigamy‑related matter in Fairfax County, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

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