When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
Bigamy is recognized as the act of marrying into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never took place.
Choosing Annulment Over Divorce for Bigamy
Many individuals prefer 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 prove 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 bigamy ground for annulment and custody.
Property Division: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to claim a fair share of acquired assets.
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Status of bigamy ground for annulment Children: The children's legal status to inheritance and support are usually preserved despite the annulment of the parents' marriage.
Steps to bigamy ground for annulment File for Annulment Based on Bigamy
To obtain an annulment on the foundation of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: bigamy ground for annulment Evidence of the first marriage is the primary requirement of your case.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the local family court.
Court Appearance: A judge will examine the evidence. If the bigamy is proven, the judge will issue a final judgment.
The Penal Side of Bigamous Unions
While family courts oversee the annulment, the state may charge the bigamous spouse for a crime. Prosecution is rare unless there is evidence of malice, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the law provides bigamy ground for annulment a clear path through annulment. Consulting with a skilled family law attorney is the best way to guarantee your rights are upheld during this trying time.