In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
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 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 prefer an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
One of the most important concerns in an annulment case involves the division of property and the well-being of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to claim a fair share of bigamy ground for annulment acquired assets.
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Child Legitimacy: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
Steps to File bigamy ground for annulment for Annulment Based on Bigamy
To obtain an annulment on the basis of bigamy, the petitioner must follow specific legal steps.
Proof of Prior Marriage: You must bigamy ground for annulment find a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the relevant family court.
Court Appearance: Once bigamy ground for annulment the court is satisfied of the prior marriage, the current marriage will be erased.
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 rare unless there is evidence of deception, but the possibility remains a serious factor in 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 bigamy ground for annulment your rights are upheld during this trying time.