Navigating the complexities of matrimonial law can be challenging, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
Bigamy is defined 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 null and void from the start, 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 fundamental 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
Even if a marriage is invalidated due to bigamy, the court still has the power bigamy ground for annulment to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to receive a fair share of acquired assets.
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Status of Children: Modern legal systems almost always maintain the legitimacy of children born from bigamy ground for annulment bigamous unions.
Steps to File bigamy ground for annulment for Annulment Based on Bigamy
To obtain an annulment on the grounds of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: Evidence of bigamy ground for annulment the first marriage is the primary requirement of your case.
Filing the Petition: The innocent spouse must file a formal petition bigamy ground for annulment for annulment in the relevant family court.
Court Appearance: Once the court is convinced of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts handle the annulment, the state may charge the bigamous spouse for a crime. Prosecution is rare unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the law provides a clear path through annulment. Consulting with a experienced family law attorney is the best way to guarantee your rights are upheld during this trying time.