Navigating the complexities of matrimonial law can be challenging, especially when discovering that a spouse was already married to someone else at the time of the wedding.
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 null and void from the start, 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 erases the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most critical concerns in an bigamy ground for annulment annulment case involves the allocation of property and the custody of children.
Asset Distribution: Courts may use equitable distribution rules bigamy ground for annulment to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: The children's legal status to inheritance and bigamy ground for annulment support are usually maintained despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires thorough preparation and legal documentation.
Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Legal Filings: The aggrieved party must file a formal petition for annulment in the relevant family court.
The Hearing: A judge will evaluate the evidence. If the bigamy is proven, 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 deception, but the possibility 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 bigamy ground for annulment forward with peace of mind. Consulting with a skilled family law attorney is the best way to protect your rights are upheld during this trying time.