In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through divorce, annulment, or the death of the previous spouse. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never happened.
Annulment vs. Divorce: Why It Matters
Many individuals seek 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 documentation of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is declared void due to bigamy, the court still has the power to rule on matters of child support and custody.
Asset Distribution: In many states, the "putative spouse" doctrine protects the unaware partner, 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 bigamy ground for annulment bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the plaintiff must follow specific legal steps.
Proof of Prior Marriage: You must find a certified copy of the spouse’s previous marriage certificate and bigamy ground for annulment confirm that no divorce decree exists.
Filing the Petition: This document outlines the claim of bigamy and requests the court to void the union.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be erased.
Criminal Implications bigamy ground for annulment of Bigamy
While family courts handle the annulment, the state may charge the bigamous spouse for a crime. Prosecution is rare unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with peace of mind. Consulting with a experienced family law bigamy ground for annulment attorney bigamy ground for annulment is the best way to protect your rights are upheld during this complex time.