In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
The Legal Definition of Bigamy
Bigamy is defined as the act of marrying 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.
Annulment vs. Divorce: Why It Matters
Many individuals choose an annulment over a divorce in cases of bigamy because it removes the legal record of the marriage. Since bigamy is a fundamental ground for annulment, the petitioner does not need to show 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 power to rule on matters of bigamy ground for annulment child support and custody.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not financially ruined bigamy ground for annulment by the annulment.
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Status of Children: The children's legal status to inheritance and support are usually maintained despite the annulment of bigamy ground for annulment the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the filing spouse bigamy ground for annulment must follow specific legal steps.
Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Legal Filings: The aggrieved party must file a formal petition for annulment in the appropriate family court.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of Bigamous Unions
While family 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.
Conclusion
By seeking an annulment on the grounds of bigamy, bigamy ground for annulment you can reclaim your legal status and move forward with clarity. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this trying time.