In the realm of family law, few situations are as complex and distressing as finding out a marriage is bigamous.
The Legal Definition of Bigamy
Bigamy is recognized as the act of contracting into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends 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 prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Asset Distribution: Courts may use equitable distribution rules to ensure the innocent spouse is bigamy ground for annulment not left destitute by the annulment.
+1
Child Legitimacy: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
Filing for an annulment requires thorough preparation and legal documentation.
Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous bigamy ground for annulment marriage certificate and confirm that no divorce decree exists.
Legal Filings: This document details the claim of bigamy and requests the court to invalidate the bigamy ground for annulment union.
The Hearing: Once the court is satisfied of the prior marriage, the current marriage will be legally dissolved.
The Penal bigamy ground for annulment Side of Bigamous Unions
While family courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor in these bigamy ground for annulment cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with clarity. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this trying time.