When a person enters into a marriage while still legally bound to another living individual, it creates a significant legal issue known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is annulled due to bigamy, the court still has the authority to rule on bigamy ground for annulment matters of child support and custody.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not bigamy ground for annulment left destitute by the annulment.
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Child Legitimacy: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the petitioner must bigamy ground for annulment follow specific legal steps.
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: This document details the claim of bigamy and requests the court to void the union.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be nullified.
Criminal Implications of Bigamy
While family courts bigamy ground for annulment handle the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds bigamy ground for annulment of bigamy, you can reclaim your legal status and move forward with peace of mind. Consulting with a skilled family law attorney is the best way to ensure your rights are upheld during this trying time.