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 legal means. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never happened.
Choosing Annulment Over Divorce for Bigamy
Many individuals choose an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is declared void 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 destitute by the annulment.
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Status of Children: 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 grounds of bigamy, the petitioner must follow specific legal steps.
Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Filing the Petition: The aggrieved party must file a formal bigamy ground for annulment petition for annulment in the relevant family court.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of Bigamous Unions
While family courts handle the annulment, the state may bigamy ground for annulment 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
bigamy ground for annulment By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with certainty. Consulting with a qualified family law bigamy ground for annulment attorney is the best way to ensure your rights are upheld during this challenging time.