Navigating the complexities of matrimonial law can be overwhelming, especially when discovering that a spouse was already married to someone else at the time of the wedding.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through proper judicial channels. 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
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 prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most important concerns in an annulment case involves the division of property and the well-being of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a fair share of acquired assets.
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Child Legitimacy: The children's rights to inheritance and support are usually protected despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires meticulous preparation and legal documentation.
Proof bigamy ground for annulment of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Filing the Petition: This document outlines the claim of bigamy and requests the court to void the union.
Court Appearance: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
Criminal Implications of Bigamy
While bigamy ground for annulment family courts manage the annulment, the state may charge the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a serious factor in bigamy ground for annulment these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can reclaim your legal status and move forward with peace of mind. Consulting bigamy ground for annulment with a skilled family law attorney is the best way to protect your rights are upheld during this trying bigamy ground for annulment time.