When a person enters into a marriage while still married to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
Bigamy is defined as the act of entering 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.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a statutory 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 important concerns in an annulment case involves the division of property and the well-being of children.
Property Division: Courts may use equitable distribution rules to ensure the bigamy ground for annulment innocent spouse is not financially ruined by the annulment.
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Child Legitimacy: The children's rights to inheritance and support are usually preserved despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the plaintiff must follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: This document details the claim of bigamy and requests the court to void bigamy ground for annulment the union.
Court Appearance: A judge will review the evidence. If the bigamy is proven, the judge will issue a final judgment.
Criminal Implications of Bigamy
While family courts manage the annulment, the state may charge the bigamous spouse for a crime. Prosecution is rare unless bigamy ground for annulment there is evidence of deception, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment bigamy ground for annulment on the grounds of bigamy, you can protect your legal status and move forward with certainty. Consulting with a skilled family law attorney is the best way to protect your rights are bigamy ground for annulment upheld during this challenging time.