When a person enters into a marriage while still legally bound to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through legal means. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
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 primary ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is declared void due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to bigamy ground for annulment File for Annulment Based on Bigamy
To obtain an annulment on the grounds of bigamy, the plaintiff must follow specific legal steps.
Gathering Evidence: Evidence of the first marriage is the primary requirement of your case.
Filing the Petition: This document states the claim of bigamy and bigamy ground for annulment requests the court to invalidate the union.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be nullified.
Criminal Implications of Bigamy
It is noteworthy to remember that bigamy bigamy ground for annulment is not just a civil matter; it is a criminal offense in most regions. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a serious factor bigamy ground for annulment in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with clarity. Consulting with a experienced family law attorney is the best bigamy ground for annulment way to protect your rights are upheld during this complex time.