In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
The Legal Definition of Bigamy
Bigamy is recognized 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 legally non-existent, 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 show irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is declared void due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to claim a fair share of acquired assets.
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Child Legitimacy: Modern legal systems almost always maintain the legitimacy of children born from 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.
Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and verify that no bigamy ground for annulment divorce decree exists.
Legal Filings: The innocent spouse must file a formal petition for annulment in the relevant family court.
The Hearing: A judge will examine the evidence. If the bigamy is verified, the judge will issue a decree of annulment.
The Penal Side of Bigamous bigamy ground for annulment Unions
While family courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is bigamy ground for annulment rare unless there is evidence of fraud, but the threat remains a serious bigamy ground for annulment factor in these cases.
Final Thoughts
Discovering bigamy is a jarring experience, but the law provides a clear path through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this complex time.