In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
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 happened.
Annulment vs. Divorce: Why It Matters
Many individuals choose an annulment over a divorce in cases of bigamy because it clears 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 evidence of the prior existing marriage.
Financial and Parental Consequences
One of the most critical concerns in an annulment case involves the allocation of property and the well-being of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to claim a fair share of bigamy ground for annulment acquired assets.
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Status of Children: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the bigamy ground for annulment basis of bigamy, the filing spouse 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 check bigamy ground for annulment that no divorce decree exists.
Legal Filings: This document states the claim of bigamy and requests the court to void the union.
Court Appearance: Once the court is convinced of the prior marriage, the current marriage will be nullified.
The Penal Side of Bigamous Unions
It is essential 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 threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, bigamy ground for annulment you can protect your legal status and move forward with peace of mind. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this complex time.