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
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through divorce, annulment, or the death of the previous spouse. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is declared void due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to bigamy ground for annulment seek a fair share of acquired assets.
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Child Legitimacy: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: Evidence of the prior marriage is bigamy ground for annulment 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: Once the bigamy ground for annulment court is convinced of the prior marriage, the current marriage will be nullified.
Criminal Implications of Bigamy
It is important to bigamy ground for annulment remember that bigamy is not just a civil matter; it is a legal bigamy ground for annulment 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
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with certainty. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during this complex time.