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 defined as the act of contracting 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 happened.
Annulment vs. Divorce: Why It Matters
Many individuals choose an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. 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.
The Impact on Assets and Children
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them bigamy ground for annulment to claim a fair share of acquired assets.
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Child Legitimacy: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the foundation of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: This document outlines the claim of bigamy and requests the court to void the union.
The Hearing: Once the bigamy ground for annulment court is satisfied of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
It is important to remember that bigamy is not just a civil matter; it is bigamy ground for annulment a legal violation in most regions. Prosecution is uncommon unless there is evidence of fraud, but the possibility remains a serious bigamy ground for annulment factor in these cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney is bigamy ground for annulment the best way to protect your rights are upheld during this trying time.