In the realm of family law, few situations are as legally clear-cut yet emotionally devastating as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through divorce, annulment, or the death of the previous spouse. 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 seek 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 demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
One of the most vital concerns in an annulment case involves the allocation of property and bigamy ground for annulment the well-being of children.
Property Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
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Status of Children: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the grounds of bigamy, the plaintiff must follow specific bigamy ground for annulment legal steps.
Proof of Prior Marriage: You must find a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Filing the bigamy ground for annulment Petition: This document states the claim of bigamy and requests the court to invalidate the union.
The Hearing: A judge bigamy ground for annulment will review the evidence. If the bigamy is bigamy ground for annulment proven, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
While family courts handle the annulment, the state may prosecute 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
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with clarity. Consulting with a experienced family law attorney is the best way to guarantee your rights are upheld during this complex time.