When a person enters into a marriage while still married to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
Bigamy is defined 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 existed.
Annulment vs. Divorce: Why It Matters
Many individuals choose an annulment over a divorce in cases of bigamy because it erases 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 proof of the prior existing marriage.
Financial and Parental Consequences
One of the most important concerns in an annulment case involves the allocation of property and the custody of children.
Property Division: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to receive a fair share of acquired assets.
+1
Child Legitimacy: bigamy ground for annulment The children's legal status to inheritance and support are usually protected despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
To obtain bigamy ground for annulment an annulment on the foundation of bigamy, the filing spouse must follow specific legal steps.
Gathering Evidence: Evidence bigamy ground for annulment of the first marriage is the primary requirement of your case.
Legal Filings: This document states the claim of bigamy and requests the court to invalidate the union.
The Hearing: A judge will review the evidence. If the bigamy is verified, the judge will issue a final judgment.
Criminal Implications of Bigamy
bigamy ground for annulment While family courts oversee 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
Discovering bigamy is a difficult experience, but the law provides a clear path through annulment. Consulting with a experienced family law attorney is the best way to ensure your rights are upheld during this complex bigamy ground for annulment time.