When a person enters into a marriage while still married 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 ended 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.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends a valid marriage, an annulment declares 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 evidence of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is invalidated due to bigamy, the court still has the power to rule on matters of child support and custody.
Asset Distribution: In many states, the bigamy ground for annulment "putative spouse" doctrine protects the deceived spouse, allowing them to claim a fair share of acquired assets.
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Child Legitimacy: bigamy ground for annulment Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To bigamy ground for annulment obtain an annulment on the foundation of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your bigamy ground for annulment case.
Filing the Petition: This document states 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 nullified.
Criminal Implications of Bigamy
While family courts manage the annulment, the state may charge the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with certainty. Consulting with a qualified family law attorney is bigamy ground for annulment the best way to guarantee your rights are upheld during this complex time.