When a person enters into a marriage while still wedded to another living individual, it creates a legal quagmire known as bigamy.
The Legal Definition of Bigamy
Bigamy is recognized as the act of entering into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never happened.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment declares that the marriage was never valid to begin with. Since bigamy is a statutory ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most important concerns in an annulment case involves the division of property and the support of children.
Property bigamy ground for annulment Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
+1
Status bigamy ground for annulment of Children: The children's legal status to inheritance and support are usually maintained bigamy ground for annulment despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the local family court.
Court Appearance: A judge will evaluate the evidence. If the bigamy is confirmed, the judge will issue a final judgment.
The Penal Side of Bigamous Unions
It is noteworthy bigamy ground for annulment to remember that bigamy is not just a civil matter; it is a criminal offense in most regions. Prosecution is rare unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law provides a remedy through annulment. Consulting with a qualified family law bigamy ground for annulment attorney is the best way to guarantee your rights are upheld during this challenging time.