In the realm of family law, few situations are as complex and distressing as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
Bigamy is recognized 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 took place.
Annulment vs. Divorce: Why It Matters
While a divorce terminates 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 demonstrate 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 bigamy ground for annulment authority to rule on matters of child support and custody.
Asset Distribution: Courts may use equitable distribution rules to ensure the innocent spouse is not left bigamy ground for annulment destitute by the annulment.
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Child Legitimacy: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions. bigamy ground for annulment
The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy ground for annulment bigamy, the petitioner must follow specific legal steps.
Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: This document states the claim of bigamy and requests the court to void the union.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be nullified.
Criminal Implications of Bigamy
While family courts handle the annulment, the state may charge the bigamous spouse for a crime. Prosecution is uncommon unless there is bigamy ground for annulment 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 restore your legal status and move forward with peace of mind. Consulting with a skilled family law attorney is the best way to ensure your rights are upheld during this challenging time.