When a person enters into a marriage while still wedded to another living individual, it creates a significant legal issue known as bigamy.
The Legal Definition of Bigamy
Bigamy is defined 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 void ab initio, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
Many individuals seek an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. Since bigamy is a primary ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide proof 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.
Property Division: Courts may use fair division rules to bigamy ground for annulment ensure the innocent spouse is not left destitute by the annulment.
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Status of Children: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the basis of bigamy, the plaintiff must bigamy ground for annulment follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: bigamy ground for annulment This document outlines the claim of bigamy and requests the court to invalidate bigamy ground for annulment the union.
Court Appearance: Once the court is satisfied of the prior marriage, the bigamy ground for annulment current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts oversee the annulment, the state may prosecute 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 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.