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 entering 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.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a statutory 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
Even if a marriage is declared void due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by bigamy ground for annulment the annulment.
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Child Legitimacy: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the basis of bigamy, the filing bigamy ground for annulment spouse must follow specific legal steps.
Proof of Prior Marriage: Evidence of the prior marriage is the primary requirement of your case.
Filing the Petition: This document states the claim of bigamy and requests the court to void the bigamy ground for annulment union.
Court Appearance: A judge will evaluate the bigamy ground for annulment evidence. If the bigamy is proven, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
While family courts oversee the annulment, the state may charge the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of deception, 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 peace of mind. bigamy ground for annulment Consulting with a experienced family law attorney is the best way to guarantee your rights are upheld during this trying time.