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?
Bigamy is defined as the act of marrying into a marriage with one person while still being legally married to another. 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.
Annulment vs. Divorce: Why It Matters
While a divorce dissolves 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 demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
One of the most vital concerns in an annulment case involves the allocation of property and the well-being of children.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
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Status of Children: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the basis of bigamy, the plaintiff must follow specific bigamy ground for annulment 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: The aggrieved party must file a bigamy ground for annulment formal petition for annulment in the local family court.
The Hearing: 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 bigamy ground for annulment oversee the annulment, the state may prosecute the bigamous spouse for a crime. bigamy ground for annulment Prosecution is rare unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a traumatic experience, but bigamy ground for annulment the law provides a solution through annulment. Consulting with a skilled family law attorney is the best way to ensure your rights are upheld during this challenging time.