Navigating the complexities of matrimonial law can be daunting, especially when discovering that a spouse was already married to someone else at the time of the wedding.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through legal means. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never happened.
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 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 bigamy ground for annulment allocation of property and the custody of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a fair share of acquired assets.
+1
Child Legitimacy: The children's legal status to inheritance and 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: Evidence of the prior marriage is the cornerstone of your case.
Filing the Petition: The aggrieved party must file a formal bigamy ground for annulment petition for annulment in the appropriate family court.
The Hearing: A judge will evaluate the evidence. If the bigamy is proven, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
It is noteworthy to remember that bigamy is not just a civil bigamy ground for annulment 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
Discovering bigamy is a difficult bigamy ground for annulment experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney is the best way bigamy ground for annulment to protect your rights are upheld during this trying time.