When a person enters into a marriage while still legally bound to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
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
While a divorce ends a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a fundamental 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 important concerns in an annulment case involves the distribution of property and the well-being of children.
Asset Distribution: Courts may use fair division bigamy ground for annulment rules to ensure the innocent spouse is not left destitute by the bigamy ground for annulment annulment.
+1
Status of Children: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the basis of bigamy, the filing spouse must follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the local family court.
The Hearing: A judge will review the evidence. If the bigamy is verified, the judge will issue a decree of bigamy ground for annulment annulment.
Criminal Implications of Bigamy
It is essential to remember that bigamy is not just a civil matter; it is a 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 ground for annulment bigamy is a difficult experience, but the law provides a clear path through annulment. Consulting with a skilled family law attorney is the best way to bigamy ground for annulment guarantee your rights are upheld during this complex time.