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 ended their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never took place.
Choosing Annulment Over Divorce for Bigamy
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.
Financial and Parental Consequences
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Asset Distribution: Courts bigamy ground for annulment may use fair division rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: The children's entitlements to inheritance and support are usually preserved despite the annulment of the parents' marriage.
Steps to File for Annulment bigamy ground for annulment Based on Bigamy
To obtain an annulment on the grounds of bigamy, the filing spouse must follow specific legal steps.
Gathering Evidence: Evidence of the prior marriage is the primary requirement of your case.
Filing the Petition: The aggrieved party must file a formal petition for annulment in the appropriate family court.
The Hearing: Once the court is satisfied of the prior marriage, the current marriage will be nullified.
Criminal Implications of Bigamy
It is noteworthy to remember that bigamy is not just a civil matter; it is a felony or misdemeanor in most regions. Prosecution is uncommon unless there is bigamy ground for annulment evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with certainty. Consulting with a experienced bigamy ground for annulment family law attorney is the best way to bigamy ground for annulment protect your rights are upheld during this complex time.