When a person enters into a marriage while still wedded to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
Bigamy is classified as the act of marrying into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never existed.
Annulment vs. Divorce: Why It Matters
While a divorce dissolves a valid marriage, an annulment declares 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 proof of the prior existing marriage.
Financial and Parental Consequences
One of the most vital concerns in an annulment case involves the division of property and the well-being of children.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not left destitute by the annulment.
+1
Child Legitimacy: The bigamy ground for annulment children's legal status to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the basis of bigamy, the filing bigamy ground for annulment spouse must follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree bigamy ground for annulment exists.
Filing the Petition: This document states the claim of bigamy and requests the court to void the union.
Court bigamy ground for annulment Appearance: A judge will review the evidence. If the bigamy is proven, the judge will issue a decree of annulment.
The Penal Side of Bigamous Unions
It is important to remember that bigamy is not just a civil matter; it is a legal violation in most regions. Prosecution is uncommon unless there is evidence of malice, but the possibility remains a serious factor in bigamy ground for annulment these cases.
Conclusion
Discovering bigamy is a difficult experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney is the best way to guarantee your rights are upheld during this challenging time.