When a person enters into a marriage while still married to another living individual, it creates a voidable situation known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through legal means. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never happened.
Choosing Annulment Over Divorce for Bigamy
Many individuals choose an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most critical concerns in an annulment case involves the allocation of property and the custody of children.
Asset bigamy ground for annulment Distribution: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a fair share of acquired assets.
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Child Legitimacy: The children's bigamy ground for annulment rights to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: Evidence of the prior marriage is the primary requirement of your case.
Filing the Petition: This document states the claim of bigamy and requests the court to void the union.
The Hearing: A judge will examine the evidence. If the bigamy is verified, the judge will issue a decree of annulment.
Criminal Implications bigamy ground for annulment of Bigamy
It is important to remember that bigamy is not just a civil matter; it is a legal violation in most regions. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a jarring experience, but the law provides a clear path through annulment. Consulting bigamy ground for annulment with a qualified family law attorney is the best way to ensure your rights are upheld during this challenging bigamy ground for annulment time.