When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having legally dissolved 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.
Annulment vs. Divorce: Why It Matters
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 show irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
One of the most vital concerns in an annulment case involves the allocation of property and the bigamy ground for annulment custody of children.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
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Status of Children: The children's rights to inheritance and support are usually maintained despite the annulment of the parents' marriage.
Steps to File for Annulment Based bigamy ground for annulment on Bigamy
To obtain an annulment on the basis of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: You must find a certified bigamy ground for annulment copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: The aggrieved party must file a formal petition for annulment in the appropriate family court.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of bigamy ground for annulment Bigamous Unions
While family courts oversee the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is rare unless there is evidence of malice, but the possibility 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 bigamy ground for annulment with a skilled family law attorney is the best way to protect your rights are upheld during this trying time.