When a person enters into a marriage while still married to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
Bigamy is defined as the act of entering 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 took place.
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 fundamental 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 well-being of children.
Property Division: 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: The children's entitlements to inheritance and support are usually protected despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the grounds of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: Evidence of the first marriage is the primary requirement of bigamy ground for annulment your case.
Filing the Petition: The aggrieved party must file a formal petition for annulment in the appropriate family court.
Court Appearance: A judge will review the evidence. If the bigamy is confirmed, the judge will issue a final judgment.
Criminal Implications of Bigamy
While family courts manage the annulment, the state bigamy ground for annulment may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor in these bigamy ground for annulment cases.
Conclusion
Discovering bigamy is a traumatic experience, but the law provides a clear path through annulment. Consulting with a bigamy ground for annulment skilled bigamy ground for annulment family law attorney is the best way to protect your rights are upheld during this challenging time.