When a person enters into a marriage while still legally bound to another living individual, it creates a legal quagmire known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through proper judicial channels. 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
While a divorce dissolves a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a fundamental ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is annulled due to bigamy, the bigamy ground for annulment court still has the power to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the unaware bigamy ground for annulment partner, allowing them to claim a fair share of acquired assets.
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Status of Children: Modern legal systems generally maintain bigamy ground for annulment the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal bigamy ground for annulment documentation.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Legal Filings: This document details the claim of bigamy and requests the court to invalidate the union.
The Hearing: Once the court is convinced of the prior 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 crime. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Final Thoughts
bigamy ground for annulment 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 complex time.