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 recognized as the act of contracting into a marriage with one person while still being legally married to another. 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 bigamy ground for annulment children.
Asset Distribution: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: The children's rights to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The Process 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 bigamy ground for annulment divorce decree exists.
Filing the Petition: 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 bigamy ground for annulment marriage, the current marriage will be legally dissolved.
Criminal Implications of Bigamy
While family courts manage the annulment, the state may pursue the bigamous spouse for a bigamy ground for annulment crime. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor in these bigamy ground for annulment cases.
Conclusion
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 protect your rights are upheld during this trying time.