When a person enters into a marriage while still wedded to another living individual, it creates a voidable situation known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through legal means. 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 seek an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. Since bigamy is a statutory 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 important concerns in an annulment case involves the division of property and the support of children.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is bigamy ground for annulment not left destitute by the annulment.
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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.
Steps bigamy ground for annulment to File for Annulment Based on Bigamy
To obtain an annulment on the grounds of bigamy, the plaintiff must follow bigamy ground for annulment specific legal steps.
Gathering Evidence: You must find a certified copy of the bigamy ground for annulment spouse’s previous marriage certificate and confirm that no divorce decree exists.
Legal Filings: This document outlines the claim of bigamy and requests the court to void the union.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts handle the annulment, the state may charge 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
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. Consulting with bigamy ground for annulment a qualified family law attorney is the best way to guarantee your rights are upheld during this complex time.