Bigamy lawyer Manassas Park, VA
If you are facing a family law matter involving bigamy—whether you need an annulment because your spouse was already married, or you are responding to bigamy allegations in a divorce or custody proceeding—Law Offices Of SRIS, P.C. represents individuals in Manassas Park and throughout Northern Virginia. This page addresses the civil family law consequences of bigamy, not criminal defense. However, the firm’s experience includes both civil and criminal matters; we can discuss your full legal situation during a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Bigamy is a serious legal issue in Virginia, with implications for the validity of a marriage, property division, spousal support, and child custody. The Manassas Park courts—the Circuit Court at 9311 Lee Avenue, Suite 230, Manassas, and the Juvenile & Domestic Relations District Court—handle annulment, divorce, custody, and support matters arising from bigamous marriages. Our firm is prepared to guide you through the procedural requirements and advocate for a resolution that protects your interests. For a confidential consultation about your case, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
On This Page
ToggleWhat Bigamy Means in Manassas Park, Virginia
Under Virginia law, bigamy occurs when a person enters into a marriage while still legally married to another living spouse. A bigamous marriage is void from the start, not merely voidable. This means it carries no legal force or effect. Va. Code § 20-89.1 provides that a marriage may be declared void on the grounds that one of the parties had a spouse living at the time of the marriage, and the previous marriage had not been dissolved. A void marriage does not require a divorce; instead, the proper action is an annulment.
In Manassas Park, family law matters involving bigamy—such as annulment actions, property distribution after a void marriage, and custody disputes—are heard in the Manassas Park Circuit Court or the Manassas Park Juvenile & Domestic Relations District Court, depending on the specific issues. The Circuit Court handles annulment and equitable distribution of any property acquired during the void relationship, while the J&DR Court addresses custody, visitation, and child support for children born of the putative marriage. Even though the marriage is void, children of a bigamous union are considered legitimate under Virginia law, and both parents have rights and obligations regarding their care.
How Mr. Sris and His Of Counsel Handle Bigamy Cases
Bigamy cases require careful factual investigation and precise legal argument. When a client comes to us seeking an annulment based on bigamy, we verify the existence and validity of the prior marriage through marriage records, divorce decrees, or death certificates. We then prepare and file the complaint for annulment in the appropriate circuit court, asserting the ground of prior existing marriage under Va. Code § 20-89.1. If the other party contests the annulment or raises issues about property, support, or custody, we address those through motions, discovery, and hearings.
Our approach is tailored to the circumstances. For clients who learned after a ceremony that their spouse was already married, we work to terminate the void marriage quickly and resolve any attendant property or support issues. For clients who are accused of bigamy in a divorce or custody dispute, we defend against those allegations by examining the evidence and presenting the facts to the court. The timeline and strategy depend on the court’s schedule, the availability of records, and the positions of the parties. Mr. Sris and his Of Counsel bring extensive combined legal experience to these matters. Results may vary.
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. A former prosecutor, he understands how the other side evaluates evidence and constructs legal arguments. His professional background informs the strategic approach the firm takes in bigamy annulment and related family law disputes. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris and his Of Counsel handle family law matters in Manassas Park and across Virginia. The firm’s Of Counsel attorneys are experienced in litigation and bring additional perspectives from their respective backgrounds. While Mr. Sris and his Of Counsel oversee these cases strategy, every matter benefits from collaboration among the firm’s attorneys. Collectively, Mr. Sris and his Of Counsel bring extensive combined legal experience to bigamy and annulment proceedings.
Frequently Asked Questions
What is bigamy under Virginia law?
Bigamy in Virginia means entering into a marriage while a prior marriage is still legally in effect, rendering the second marriage void from the beginning. Under Va. Code § 18.2-362, bigamy is also a criminal offense, but in the family law context the primary remedy is an annulment under Va. Code § 20-89.1. A void marriage does not require a divorce; the court simply declares it never existed. However, related matters such as property division, custody, and support still must be decided. Our firm handles the civil family law aspects of bigamy and can advise you on how a criminal allegation might impact your case.
How does bigamy affect a marriage in Virginia?
A bigamous marriage is void, meaning no legal marriage ever came into existence. The practical consequences include that there is no marital property to divide under Virginia’s equitable distribution statute, though a court may intervene to sort out jointly acquired assets under other legal theories. Spousal support is generally not available when no valid marriage exists, but child support and custody for children born of the void union are determined as they would be for any child. An annulment is the appropriate procedure to formally establish the marriage’s invalidity.
Can I get an annulment for bigamy in Manassas Park, Virginia?
Yes, you can petition the Manassas Park Circuit Court for an annulment based on bigamy if you can prove your spouse had a living, undivorced spouse at the time of your marriage. The annulment complaint must be filed in the circuit court for the city or county where you or your spouse resides. The court will require evidence of the prior marriage and its continuing validity. While the process may be straightforward when the prior marriage is well-documented, contested facts can lead to litigation. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What if I am accused of bigamy in a divorce or child custody case?
An accusation of bigamy can affect the validity of the marriage, property rights, and even custody determinations, so it is important to address it directly with experienced legal counsel. If the allegation is false, we will challenge the evidence and advocate to establish that the marriage was, or became, valid. If the allegation is true, we can advise you on the consequences—including the possibility of an annulment rather than a divorce—and work to resolve any outstanding issues regarding property and children. Because bigamy may also carry criminal implications, we can help you understand the full scope of your exposure and coordinate with criminal defense counsel if necessary.
What happens to children born during a bigamous marriage in Virginia?
Children born of a bigamous marriage are presumed legitimate and have the same rights to parental support, custody, and visitation as children born to a valid marriage. The Manassas Park Juvenile & Domestic Relations District Court determines custody and child support based on the best interests of the child, just as in any other family law case. The void nature of the parents’ marriage does not diminish the child’s rights. Both biological parents can seek custody and parenting time, and child support is calculated using the Virginia child support guidelines.
Related Pages
For additional information about family law representation in the Northern Virginia area, see our pages on Fairfax County family law, Prince William County family law, Manassas family law, and Falls Church family law.
Virginia Legal Resources
For statutory authority on annulment, consult Virginia Code § 20-89.1 (Annulment for prior marriage). For court information and forms, visit the Virginia Judicial System website.
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