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 void ab initio, 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.
Property Division: In many states, the "putative spouse" doctrine protects the bigamy ground for annulment unaware partner, allowing them to receive a fair share of acquired assets.
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Status bigamy ground for annulment of Children: The children's entitlements to inheritance and support are usually preserved despite the annulment of the parents' marriage.
Steps bigamy ground for annulment to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal documentation.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Legal Filings: This document details the claim of bigamy and requests the court to invalidate the union.
The Hearing: 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 is a criminal offense bigamy ground for annulment 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 skilled family law attorney is the best way to protect your rights are bigamy ground for annulment upheld during this trying time.