When a person enters into a marriage while still married to another living individual, it creates a significant legal issue known as bigamy.
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 existed.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment declares that the marriage was never valid to begin with. 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
Even if a marriage is invalidated due to bigamy, the court still has the authority to rule on matters of child support and custody.
Asset Distribution: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the petitioner must follow specific legal bigamy ground for annulment steps.
Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: The aggrieved party must file a formal petition for annulment in the appropriate family court.
The Hearing: Once the court bigamy ground for annulment is convinced of the prior marriage, the current marriage will be nullified.
Criminal Implications of Bigamy
While family courts manage the bigamy ground for annulment annulment, the state may charge the bigamous spouse for a crime. Prosecution is bigamy ground for annulment uncommon unless there is evidence of fraud, but the possibility remains a serious bigamy ground for annulment factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with certainty. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during this complex time.