Navigating the complexities of matrimonial law can be overwhelming, especially when discovering that a spouse was already married to someone else at the time of the wedding.
The Legal Definition of Bigamy
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.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a statutory ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most important concerns in an annulment case involves the distribution of property and the custody of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to seek a fair share of acquired assets.
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Child Legitimacy: The children's rights to inheritance and support are usually protected despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: You must find a certified bigamy ground for annulment copy of the spouse’s previous marriage certificate and verify 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 examine the evidence. bigamy ground for annulment 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 bigamy ground for annulment civil matter; it is a legal violation in most regions. Prosecution is uncommon unless there is evidence of fraud, bigamy ground for annulment but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a bigamy ground for annulment traumatic experience, but the law provides a remedy through annulment. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during this complex time.