When a person enters into a marriage while still wedded to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through proper judicial channels. 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
While a divorce ends a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a fundamental ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is annulled due to bigamy, the court still has the authority to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to claim a fair share of acquired assets.
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Status of Children: The children's entitlements to inheritance and support are usually preserved despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation bigamy ground for annulment and legal documentation.
Proof of Prior Marriage: You must find a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Filing the Petition: This document details the claim of bigamy and requests the court to void the union.
The Hearing: Once bigamy ground for annulment the court is convinced of the prior marriage, the current marriage will be erased.
Criminal Implications of Bigamy
It is noteworthy to remember that bigamy is not just a civil matter; it is a bigamy ground for annulment criminal offense in most regions. Prosecution is uncommon unless there is evidence of deception, but the possibility remains a bigamy ground for annulment serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this bigamy ground for annulment complex time.