When a person enters into a marriage while still legally bound to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through divorce, annulment, or the death of the previous spouse. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never existed.
Annulment vs. Divorce: Why It Matters
Many individuals seek an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. Since bigamy is a primary ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide proof of the prior existing marriage.
The Impact on Assets and Children
One of the most important concerns in an annulment case involves the division of bigamy ground for annulment property and the support of children.
Property Division: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to receive a fair share of acquired assets.
+1
Child Legitimacy: The children's rights to inheritance and support are usually protected despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: Evidence of the first marriage is the primary requirement of your case.
Filing the Petition: The aggrieved party bigamy ground for annulment must file a formal petition for annulment in the appropriate family court.
The Hearing: A judge will examine the evidence. If the bigamy is verified, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
It is important to remember that bigamy is not just a civil matter; it is a criminal offense in most regions. Prosecution is uncommon unless there is evidence of bigamy ground for annulment fraud, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law provides a remedy through annulment. bigamy ground for annulment Consulting with a qualified family law attorney is the best way to guarantee bigamy ground for annulment your rights are upheld during this complex time.