Bigamy lawyer Poquoson, VA
Finding out that a spouse was already married when you exchanged vows can turn your life upside down. The marriage is not simply imperfect—it is void from the beginning under Virginia law. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel team represent individuals confronting bigamy in Poquoson, Virginia, whether through annulment, property disputes that arise from a void marriage, or the criminal exposure that follows a bigamy charge. With a former prosecutor experienced the firm and extensive combined legal experience, we understand both the family-law civil remedies and the criminal-defense implications that a void marriage creates. If you need clear answers about a marriage that may be void because of a prior existing spouse, reach Mr. Sris and his Of Counsel at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Bigamy Means in Poquoson, Virginia
Under Virginia law, a marriage is void from its inception when one party has a living spouse from a prior, undissolved marriage. Va. Code § 20-38.1 declares such marriages void without any need for a court decree to establish their invalidity. That means the marriage never legally existed, which carries consequences for property rights, spousal support, and child custody that differ markedly from a standard divorce.
In Poquoson, a small independent city on the Chesapeake Bay, these issues are heard in the Poquoson Circuit Court, located at 500 City Hall Avenue, Poquoson, Virginia 23662. The Circuit Court exercises exclusive jurisdiction over annulment proceedings and equitable distribution when a marriage is alleged to be void. Mr. Sris and his Of Counsel serve clients throughout Poquoson and neighboring York County, appearing regularly in that courthouse. Because the Richmond Location of Law Offices Of SRIS, P.C. provides representation to Poquoson residents, clients do not need to travel to Richmond for most meetings—our team coordinates consultations by phone and videoconference, and we can meet at the courthouse when required.
The criminal side of bigamy is also serious. Va. Code § 18.2-362 classifies bigamy as a Class 4 felony, punishable by incarceration and fines. A felony conviction can further complicate any civil annulment or property dispute, and the same factual circumstances often become evidence in both the criminal and family-law proceedings. Having an attorney who grasps both tracks is critical, and Mr. Sris’s background as a former prosecutor gives him distinct insight into how criminal charges can shape the family-law case.
How Mr. Sris and His Of Counsel Handle Bigamy Cases
When a marriage is void due to bigamy, the first step is confirming the status of the prior marriage. Our team gathers documentary evidence—marriage certificates, divorce decrees from other states or countries, and any records that demonstrate the ongoing validity of an earlier union. If a client is the innocent spouse who entered a marriage without knowing the other party was already married, we focus on protecting that client’s property interests and parental rights.
In an annulment proceeding, the court dissolves a void marriage retroactively, but it may still need to address jointly held assets, debts, and children born during the relationship. Unlike a divorce, equitable distribution under Va. Code § 20-107.3 does not automatically apply because no valid marriage existed. Instead, property acquired during the void relationship is divided based on legal title, which can lead to unfair results if the couple held assets jointly without clear documentation. Mr. Sris and his Of Counsel work to present evidence of each party’s financial contributions and to negotiate a resolution that reflects the true economic arrangement of the parties. Results may vary.
When criminal charges accompany the civil matter, the firm’s Of Counsel attorneys bring extensive courtroom experience to defend against felony allegations while concurrently protecting the client’s family-law position. The dual-track approach helps ensure that a criminal resolution—whether a trial, plea, or dismissal—does not inadvertently harm a custody or property case.
About Mr. Sris and His Of Counsel
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and practicing since 1997, he has handled hundreds of family law matters across multiple state and federal courts. His time as a former prosecutor gives him a practical understanding of how criminal allegations intersect with domestic relations litigation, an advantage in cases where bigamy may carry both civil and criminal exposure. 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 extensive combined legal experience between Mr. Sris and his Of Counsel. They appear in the Poquoson Circuit Court and General District Court, representing clients in annulment, divorce, custody, and support matters that stem from void marriages. Each attorney is Of Counsel—not an associate or partner—and collectively they deliver focused, client-centered representation. Results may vary.
Frequently Asked Questions
What is a void marriage due to bigamy in Virginia?
A marriage is void from the start when one party already has a living spouse from an undissolved prior marriage. Such a marriage has no legal effect under Va. Code § 20-38.1, and the courts recognize it as never having existed. This means the parties have none of the usual rights and obligations of a valid marriage—neither spousal support nor marital property classification applies automatically. However, children born during a void marriage are considered legitimate, and the court will determine custody and support based on the best interests of the child.
Can I annul a bigamous marriage in Poquoson?
Yes, you can petition the Poquoson Circuit Court for an annulment when the marriage is void because of a prior existing spouse. While the marriage is void without a decree, an annulment provides a formal court order that confirms its invalidity and resolves any outstanding issues such as property division, child custody, and support. The process generally involves filing a complaint, serving the other party, and presenting evidence of the prior marriage’s ongoing validity. Timing depends on the court’s calendar. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does bigamy affect property division?
When a marriage is void, Virginia’s equitable distribution statute does not apply because no valid marriage existed. Instead, property acquired during the void relationship is typically divided according to legal title—each party keeps what they legally own, whether separately or jointly. This can lead to harsh outcomes if the couple held assets jointly or if one party contributed financially to property titled in the other’s name. A court may use other legal principles, such as constructive trust, to reach a fair result. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Is bigamy a crime in Virginia?
Yes, bigamy is a Class 4 felony under Va. Code § 18.2-362. A conviction can result in incarceration and significant fines. The criminal charge applies whether or not the defendant knew about the prior marriage; however, the state must prove the defendant entered a marriage while legally married to someone else. Because a felony conviction carries potential immigration and employment consequences, anyone facing a bigamy charge should seek immediate legal advice. For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
Can a bigamy conviction affect child custody?
A felony conviction, including one for bigamy, can influence a judge’s custody determination. Virginia courts decide custody based on the best interests of the child under Va. Code § 20-124.3, considering factors such as parental fitness, stability of the home, and any history of criminal activity. A bigamy conviction does not automatically cause a parent to lose custody, but the court may view it as relevant when evaluating character and judgment. An experienced family law lawyer can help present mitigating evidence and argue for a parenting arrangement that protects the child’s well‑being.
Do I need a lawyer for a bigamy annulment in Poquoson?
While you are not legally required to hire a lawyer to pursue an annulment, the legal and financial stakes of a void marriage make professional representation strongly advisable. Annulment petitions in Virginia require specific pleading standards, and improper service or pleading defects can result in dismissal. Additionally, property division without the usual equitable distribution framework demands careful legal analysis to protect your financial interests. Mr. Sris and his Of Counsel can handle all aspects of the case so that you can focus on moving forward. Reach our firm at (888) 437-7747.
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