When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never took place.
Annulment vs. Divorce: Why It Matters
While a divorce dissolves a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide proof of the prior existing marriage.
The Impact on Assets and Children
One of the most important concerns in an annulment case involves the division of property and the support of children.
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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Status of Children: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires meticulous preparation bigamy ground for annulmentbigamy ground for annulment and legal evidence.
Proof of Prior Marriage: Evidence of the first marriage is the primary requirement of your case.
Legal Filings: This document outlines the claim of bigamy and requests the court to invalidate the union.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be erased.
The bigamy ground for annulment Penal Side of Bigamous Unions
It is essential to remember that bigamy is not just a civil matter; it is a legal violation in most regions. Prosecution is uncommon unless there is bigamy ground for annulment evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
Discovering bigamy is a jarring experience, but the law provides a clear path bigamy ground for annulment through annulment. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during this challenging time.