When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having ended 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 happened.
Choosing Annulment Over Divorce for Bigamy
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 fundamental ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most critical concerns in bigamy ground for annulment an annulment case involves the allocation of property and the support of children.
Asset Distribution: Courts may use fair division rules to ensure the innocent bigamy ground for annulment spouse is not financially ruined by the annulment.
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Child Legitimacy: Modern legal systems bigamy ground for annulment generally maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal evidence.
Gathering Evidence: Evidence of the prior marriage is the bigamy ground for annulment primary requirement of your case.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the appropriate family court.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts manage 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 bigamy ground for annulment serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney is the best way to ensure your rights are upheld during this complex time.