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 contracting into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never took place.
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 demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
One of the most critical concerns in an annulment case involves the allocation of property and the custody of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to claim a fair share of acquired assets.
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Child Legitimacy: The children's legal status to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal documentation.
Proof of Prior Marriage: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists. bigamy ground for annulment
Legal Filings: The innocent spouse must file a formal petition for annulment in the local family court.
Court Appearance: A judge will evaluate the evidence. If the bigamy is verified, the judge will issue a final judgment.
The Penal Side bigamy ground for annulment of Bigamous Unions
While family courts oversee the annulment, the state may prosecute the bigamous spouse for a crime. bigamy ground for annulment Prosecution is uncommon unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the bigamy ground for annulment grounds of bigamy, you can reclaim your legal status and move forward with certainty. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during bigamy ground for annulment this complex time.