When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never took place.
Choosing Annulment Over Divorce for Bigamy
Many individuals prefer an annulment over a divorce in cases of bigamy because it removes the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to show 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 annulment case involves the division of property and the custody of children.
Asset Distribution: Courts bigamy ground for annulment may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
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Status of Children: The children's entitlements to inheritance and support are usually maintained despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal documentation.
Gathering Evidence: You must obtain a certified bigamy ground for annulment copy bigamy ground for annulment of the spouse’s previous marriage certificate and check that no divorce decree exists.
Filing the Petition: This document details the claim of bigamy and requests the court to invalidate the union.
Court Appearance: A judge will review the evidence. If the bigamy ground for annulment bigamy is verified, the judge will issue a decree of annulment.
The Penal Side of Bigamous Unions
It is noteworthy to remember that bigamy is not just a civil matter; it is a felony or bigamy ground for annulment misdemeanor in most regions. Prosecution is uncommon unless there is evidence of deception, but the threat remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can reclaim your legal status and move forward with certainty. Consulting with a experienced family law attorney is the best way to ensure your rights are upheld during this trying time.