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 seek 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 prove 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 support of children.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: The children's rights to inheritance and bigamy ground for annulment support are usually protected despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires meticulous preparation and legal evidence.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: The innocent spouse must file a formal petition for annulment in the local family court.
Court Appearance: A judge will review the evidence. If the bigamy is confirmed, bigamy ground for annulment the judge will issue a final judgment.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy is bigamy ground for annulment not just a civil matter; it is a felony or misdemeanor in most regions. Prosecution is rare unless there is evidence of malice, but the possibility bigamy ground for annulment remains a serious factor in these cases.
Conclusion
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. bigamy ground for annulment Consulting with a skilled family law attorney is the best way to protect your rights are upheld during this trying time.