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.
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.
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 bigamy ground for annulment Division: Courts may use equitable distribution rules to ensure the innocent spouse is not bigamy ground for annulment financially ruined by the annulment.
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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
To obtain an annulment on the basis of bigamy, the plaintiff must follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: The innocent spouse must file a formal petition 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
While family courts oversee the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is uncommon unless there is bigamy ground for annulment evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can reclaim your legal status and move forward with peace of mind. Consulting with a skilled family bigamy ground for annulment law attorney is the best way to ensure your rights are upheld during this challenging time.