Navigating the complexities of matrimonial law can be overwhelming, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
Bigamy is defined as the act of contracting 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 existed.
Annulment vs. Divorce: Why It Matters
While a divorce terminates a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a fundamental ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is annulled due to bigamy, the court still has the authority to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a fair share of acquired assets.
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Status of Children: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
Steps to bigamy ground for annulment File for Annulment Based on Bigamy
To obtain an annulment on the foundation of bigamy, the petitioner must follow specific legal steps.
Proof of Prior Marriage: You must secure a certified copy of the bigamy ground for annulment spouse’s previous marriage certificate and verify that no divorce decree exists.
Legal Filings: This document states the claim of bigamy and bigamy ground for annulment requests the court to void the union.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
Criminal Implications of Bigamy
While family courts oversee the annulment, the bigamy ground for annulment state may prosecute the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can reclaim your legal status and move forward bigamy ground for annulment with peace of mind. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during this complex time.