When a person enters into a marriage while still wedded to another living individual, it creates a legal quagmire known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through proper judicial channels. 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.
Choosing Annulment Over Divorce for Bigamy
Many individuals seek an annulment over a divorce in cases of bigamy because it removes 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 evidence of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not left destitute by the annulment.
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Status of Children: The children's rights to inheritance and support are usually preserved despite the annulment of the bigamy ground for annulment parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires meticulous preparation and legal documentation.
Proof of Prior Marriage: Evidence of the prior marriage bigamy ground for annulment is the cornerstone of your case.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the local family court.
Court Appearance: A judge will evaluate the evidence. If the bigamy ground for annulment bigamy is proven, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
It is important to remember that bigamy is not just a civil bigamy ground for annulment matter; it 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.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law bigamy ground for annulment provides a remedy through annulment. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during this challenging time.