In the realm of family law, few situations are as complex and distressing 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 terminated their first marriage through legal means. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment establishes 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 evidence of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is declared void due to bigamy, the court still has the power to rule on matters of child support and custody.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to receive a fair share of acquired assets.
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Status of Children: Modern legal systems generally bigamy ground for annulment maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
Filing for an bigamy ground for annulment annulment requires thorough preparation and legal evidence.
Proof of Prior Marriage: You must find a bigamy ground for annulment certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Legal Filings: The aggrieved party must file a formal petition for annulment in the appropriate family court. bigamy ground for annulment
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be nullified.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy is not just a civil matter; it is a criminal offense in most regions. Prosecution is uncommon unless there is evidence of deception, but the threat remains a bigamy ground for annulment serious factor in these cases.
Conclusion
Discovering bigamy is a traumatic experience, but the law provides a solution through annulment. Consulting with a skilled family law attorney is the best way to guarantee your rights are upheld during this trying time.