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 recognized as the act of contracting 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.
Annulment vs. Divorce: Why It Matters
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 proof of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is annulled due to bigamy, the court still has the jurisdiction to rule on matters of bigamy ground for annulment child support and custody.
Property Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
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Status of Children: The children's entitlements to inheritance and support are usually protected despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the basis of bigamy, the plaintiff must 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.
Filing the Petition: The aggrieved party must file a formal petition for bigamy ground for annulment annulment in the local family court.
Court Appearance: A judge will examine the evidence. If the bigamy is verified, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
It is important to remember that bigamy is not just a civil matter; it is a bigamy ground for annulment legal violation in most regions. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is bigamy ground for annulment a jarring experience, but the law provides a clear path through annulment. Consulting with a qualified family law attorney is the best way to guarantee your bigamy ground for annulment rights are upheld during this challenging time.