Bigamy lawyer Falls Church, VA

Facing an accusation of bigamy in Falls Church, Virginia, can be overwhelming. Bigamy—marrying someone while still legally married to another—can trigger criminal charges, invalidate a subsequent marriage, and complicate divorce, child custody, and property division. Law Offices Of SRIS, P.C. represents clients throughout Falls Church in both the civil and criminal dimensions of bigamy matters. Our firm’s family law practice handles annulment, void marriage declarations, and related divorce and custody disputes, while our criminal defense experience—including Mr. Sris’s background as a former prosecutor—provides strategic insight for those facing criminal allegations. To discuss your situation and your legal options, reach our Fairfax Location at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What a Bigamy Accusation Means in Falls Church, Virginia

Virginia law prohibits bigamy, treating the act as a serious criminal offense. Under Virginia Code § 18.2-362, marrying another person while a lawful spouse is still living—unless the prior marriage has been legally dissolved or declared void—can result in criminal prosecution. In Falls Church, a bigamy charge typically begins with an initial hearing in the Falls Church General District Court, located at 300 Park Avenue, Suite 151W. If the case is certified to the grand jury, the matter proceeds to the Falls Church Circuit Court, which has jurisdiction over felony criminal cases and all civil divorce and annulment actions.

On the civil side, a bigamous marriage is void ab initio—meaning it is treated as if it never legally existed. This can directly affect property division, spousal support claims, and child custody determinations when the relationship ends. Parties who entered a subsequent marriage under a good-faith belief that a prior divorce had been finalized may still face complex legal questions. The court’s approach to annulment, equitable distribution, and custody in void-marriage contexts requires careful navigation of both statutes and local court practice. Our firm’s familiarity with Falls Church courts—where family matters are heard by the Circuit Court and related protective orders by the Juvenile and Domestic Relations District Court—helps clients understand the procedural landscape.

The Falls Church Circuit Court’s address is 300 Park Avenue, Suite 151W, Falls Church, VA 22046. The court serves residents of the independent City of Falls Church and handles all equitable distribution, divorce, annulment, and spousal support matters. Because bigamy allegations often involve parallel criminal and civil proceedings, the timing and strategy in each track can influence the other. Our attorneys work to coordinate a defense that addresses both fronts.

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

Every bigamy situation is fact‑intensive. Our approach begins with a thorough review of the validity of the prior marriage—did a divorce decree actually get entered? Was a foreign marriage properly dissolved? Did one spouse have a good‑faith belief, based on information from a spouse or court records, that the prior marriage had ended? Answers to these questions shape both the criminal defense and any civil action for annulment or property division.

On the criminal side, the firm’s experience as former prosecutors and defense counsel allows us to evaluate the strength of the Commonwealth’s case and identify procedural or evidentiary weaknesses. We work to achieve favorable outcomes—whether that is a dismissal, a reduction of charges, or a favorable resolution at trial. In family court, we pursue annulment of the void marriage to formally clarify each party’s legal status and then address related issues such as child custody, support, and equitable distribution of assets acquired during the relationship. Throughout, we keep clients informed of developments and coordinate strategy where civil and criminal matters intersect.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience handling complex family law and criminal defense matters across Virginia. He founded the firm in 1997 and maintains an active multi‑state practice. 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 additional backgrounds, including former prosecution and law enforcement experience, providing a multi‑faceted perspective on bigamy cases. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. Results may vary.

Frequently Asked Questions

What is the legal definition of bigamy in Virginia?

Bigamy is the act of marrying someone while having a living spouse from a prior marriage that has not been dissolved or declared void. Under Virginia law, the critical element is the existence of a valid, undissolved prior marriage at the time a subsequent marriage is entered. A divorce must be final—not merely filed or pending—to avoid a bigamy charge. In family court, a subsequent marriage entered before a prior divorce is finalized is void ab initio, meaning the court will treat it as though it never existed.

Can a bigamous marriage be annulled in Falls Church?

Yes, a bigamous marriage can be annulled because it is void from the start. An annulment proceeding in Falls Church Circuit Court formally declares that no valid marriage ever existed. This can resolve questions about property division, support obligations, and inheritance rights. The process follows the same procedural rules as a divorce action, and the court’s decree establishes each party’s legal status as if they were never married to each other.

What if I did not know my spouse was still married to someone else?

If you entered the marriage in good faith, believing your spouse was legally free to marry, you may have defenses both in criminal court and in civil annulment proceedings. In a criminal case, the Commonwealth must prove that you knew your spouse had a living, undivorced spouse at the time of the marriage. Lack of knowledge can be a complete defense. In civil annulment, even if the marriage is void, the court may still address property and support issues equitably, particularly if one party was unaware of the impediment.

Do I need a lawyer if I am accused of bigamy in Falls Church?

Yes. Bigamy accusations carry serious criminal and civil consequences, and an experienced attorney can protect your rights in both arenas. A criminal conviction can result in lasting collateral consequences, and a void marriage can leave you with unresolved custody, support, and property issues. Early legal guidance is critical to preserving defenses and developing a coordinated strategy. To discuss your specific situation, reach our Fairfax Location at (888) 437-7747.

What should I bring to a consultation about a bigamy matter?

Bring any documentation related to the prior marriage, the current marriage, and any divorce proceedings. That includes marriage certificates, divorce decrees, separation agreements, correspondence with a spouse or attorney, and any court papers or charging documents you have received. Having these materials available helps us evaluate the facts and advise you on the trusted path forward.

How does bigamy affect child custody and support in Virginia?

While a bigamous marriage is void, child custody and support obligations are determined based on the best interests of the child, not the validity of the marriage. Virginia courts have authority to enter custody, visitation, and child support orders for any child born of or during a void marriage. The fact that the parents were not legally married does not affect a child’s right to support or a parent’s right to seek custody or visitation. The court will apply the same statutory factors it uses in any custody case.

Fairfax County family law attorney |
Fairfax City family law attorney |
Prince William County family lawyer |
Manassas family law representation |
Manassas Park family law guidance

Relevant Virginia primary sources:
Virginia Code § 18.2-362 (Bigamy) |
Falls Church Circuit Court

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.