Navigating the complexities of matrimonial law can be challenging, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
Bigamy is defined 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 happened.
Choosing Annulment Over Divorce for Bigamy
Many individuals seek an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. Since bigamy is a primary ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
One of the most critical concerns bigamy ground for annulment in an annulment case involves the allocation of property and the well-being of children.
Property Division: In many states, the "putative spouse" doctrine protects the unaware partner, 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 preserved despite the annulment of the parents' marriage.
The bigamy ground for annulment Process bigamy ground for annulment of Seeking an Annulment
Filing for an annulment requires meticulous preparation and legal evidence.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: This document bigamy ground for annulment outlines the claim of bigamy and requests the court to void the union.
Court Appearance: A judge will review the evidence. If the bigamy is confirmed, bigamy ground for annulment the judge will issue a final judgment.
The Penal Side of Bigamous Unions
While family courts handle the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
Discovering bigamy is a traumatic experience, but the law provides a clear path through annulment. Consulting with a qualified family law attorney is the best way to ensure your rights are upheld during this complex time.