Navigating the complexities of matrimonial law can be daunting, especially when discovering that a spouse was already married to someone else at the time of the wedding.
The Legal Definition of Bigamy
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
Many individuals prefer an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. Since bigamy is a primary ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
One of the most vital concerns in an annulment case involves the division of property and the well-being of children.
Asset Distribution: bigamy ground for annulment In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to claim a fair share of acquired assets.
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Status of Children: The children's bigamy ground for annulment entitlements to inheritance and support are usually preserved despite the annulment of the bigamy ground for annulment parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal documentation.
Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Legal Filings: The innocent spouse must file a formal petition for annulment in the relevant family court.
Court Appearance: A judge will evaluate the evidence. If the bigamy is proven, the judge will issue a final judgment.
The Penal Side of Bigamous Unions
It is noteworthy to remember that bigamy is not just a civil matter; it bigamy ground for annulment is a felony or misdemeanor in most regions. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. Consulting with a experienced family law bigamy ground for annulment attorney is the best way to protect your rights are upheld during this trying time.