When a person enters into a marriage while still legally bound to another living individual, it creates a significant legal issue known as bigamy.
The Legal Definition of Bigamy
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 took place.
Choosing Annulment Over Divorce for Bigamy
While a divorce dissolves a valid marriage, an annulment establishes that the marriage was never valid to begin with. 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 vital concerns in an annulment case involves the division of property and the custody of children.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not financially ruined by the annulment.
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Child Legitimacy: The children's legal status to inheritance and support are usually protected despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal evidence.
Proof of Prior bigamy ground for annulment Marriage: Evidence of the first marriage is the cornerstone of your case.
Legal Filings: This document states the claim of bigamy and requests the court to invalidate the union.
Court Appearance: A judge will examine the evidence. If the bigamy is verified, the judge will issue bigamy ground for annulment a decree of annulment.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy is not just a civil matter; it is a felony or misdemeanor in most regions. Prosecution is uncommon unless there is evidence bigamy ground for annulment of malice, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a jarring experience, bigamy ground for annulment but the law provides a remedy through annulment. Consulting with a experienced family bigamy ground for annulment law attorney is the best way to protect your rights are upheld during this trying time.