In the realm of family law, few situations are as legally clear-cut yet emotionally devastating as finding out a marriage is bigamous.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having terminated 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
While a divorce dissolves a valid marriage, an annulment declares 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 proof of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to bigamy ground for annulment rule on matters of child support and custody.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to claim a fair share of acquired assets.
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Status of Children: bigamy ground for annulment 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 bigamy ground for annulment an annulment requires careful preparation and legal documentation.
Gathering Evidence: Evidence of the prior marriage is the primary requirement of bigamy ground for annulment your case.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the appropriate family court.
Court Appearance: Once the court is convinced of the prior marriage, the current marriage will be erased.
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 rare unless there is evidence of malice, but the possibility remains a serious factor in these bigamy ground for annulment cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with clarity. Consulting with a skilled family law attorney is the best way to guarantee your rights are upheld during this trying time.