Navigating the complexities of matrimonial law can be overwhelming, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
Bigamy is classified 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 legally non-existent, meaning the law treats the union as if it never took place.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment declares that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is annulled due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Asset Distribution: 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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Child Legitimacy: The children's legal status to inheritance and support are usually preserved despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the basis of bigamy, the petitioner bigamy ground for annulment must follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Legal Filings: This document states the claim of bigamy and requests the court to invalidate the union.
Court Appearance: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
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 criminal offense in most regions. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a bigamy ground for annulment serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the bigamy ground for annulment law provides a solution through annulment. Consulting with a qualified family law attorney bigamy ground for annulment is the best way to protect your rights are upheld during this trying time.