In the realm of family law, few situations are as legally clear-cut yet emotionally devastating as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
Bigamy is classified as the act of entering into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never happened.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment declares that the marriage was never valid to begin with. Since bigamy is a fundamental ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is invalidated due to bigamy, the court still has the authority to rule on matters of child support and custody.
Asset Distribution: Courts may use fair division bigamy ground for annulment rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: The children's legal status to inheritance bigamy ground for annulment and support are usually maintained despite the annulment of the parents' marriage.
The Process bigamy ground for annulment of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the petitioner must follow specific legal steps.
Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Filing the Petition: The aggrieved party must file a formal petition for annulment in the appropriate family court.
The Hearing: A judge will evaluate the evidence. If the bigamy is proven, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
While family bigamy ground for annulment courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with clarity. Consulting with a experienced family law attorney is the best way to bigamy ground for annulment protect your rights are upheld during this trying time.