When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation 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 void ab initio, meaning the law treats the union as if it never happened.
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 demonstrate irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most vital concerns in an annulment case involves the allocation of property bigamy ground for annulment and the support of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to receive a fair share of acquired assets.
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Child Legitimacy: Modern legal bigamy ground for annulment systems generally maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal evidence.
Proof of Prior Marriage: Evidence of the first marriage is the cornerstone of your case.
Legal Filings: The aggrieved party must file a formal petition for annulment in the local family court.
The Hearing: Once the court is satisfied of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
It is noteworthy to remember that bigamy is not just a civil bigamy ground for annulment matter; it is a legal violation in most regions. Prosecution is rare unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the law provides a clear path through annulment. Consulting with a qualified family law attorney bigamy ground for annulment is the best way to ensure your bigamy ground for annulment rights are upheld during this complex time.