When a person enters into a marriage while still wedded 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 terminated their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered void ab initio, 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 clears 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 proof 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 support of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to seek a fair share of acquired bigamy ground for annulment assets.
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Status of Children: Modern legal systems typically 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, bigamy ground for annulment the petitioner must follow specific legal steps.
Proof of Prior Marriage: You must secure a certified copy of the spouse’s previous marriage certificate and verify bigamy ground for annulment that no divorce decree exists.
Legal Filings: The innocent spouse must file a formal petition for annulment in the relevant family court.
Court Appearance: Once the bigamy ground for annulment court is convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of 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
Discovering bigamy is a bigamy ground for annulment difficult experience, but the law provides a solution through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this trying time.