Navigating the complexities of matrimonial law can be daunting, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through divorce, annulment, or the death of the previous spouse. 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
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 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 innocent party, allowing them to receive a fair share of acquired assets.
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Status of Children: The children's entitlements to inheritance and support are usually protected despite the annulment bigamy ground for annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires meticulous preparation and legal evidence.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Filing the Petition: The innocent spouse must file a formal petition for annulment bigamy ground for annulment in the local family court.
Court Appearance: A judge will review the evidence. If the bigamy is confirmed, the judge will issue a final judgment.
The Penal Side of Bigamous Unions
It is bigamy ground for annulment important to remember that bigamy is not just a civil matter; it is a legal violation in most regions. Prosecution is uncommon unless there is evidence of malice, but bigamy ground for annulment the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a jarring experience, but the law provides a clear path through annulment. Consulting with a bigamy ground for annulment qualified family law attorney is the best way to guarantee your rights are upheld during this complex time.