When a person enters into a marriage while still wedded to another living individual, it creates a legal quagmire known as bigamy.
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 void ab initio, meaning the law treats the union as if it never existed.
Annulment vs. Divorce: Why It Matters
Many individuals prefer an annulment over a divorce in cases of bigamy because it removes the legal record of the marriage. Since bigamy is a fundamental 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 in an annulment case involves the allocation of property and the support of children.
Asset Distribution: In many states, the "putative bigamy ground for annulment spouse" doctrine protects the innocent party, allowing them to claim a fair share of acquired assets.
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Status of Children: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: Evidence of the first bigamy ground for annulment marriage is the cornerstone of your case.
Legal Filings: The innocent spouse must file a formal petition for annulment in the relevant family court.
Court bigamy ground for annulment Appearance: bigamy ground for annulment A judge will examine the evidence. If the bigamy is proven, the judge will issue a final judgment.
Criminal Implications of Bigamy
While family courts bigamy ground for annulment oversee the annulment, the state may pursue 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.
Conclusion
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with certainty. Consulting with a experienced family law attorney is the best way to guarantee your rights are upheld during this challenging time.