In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
The Legal Definition of Bigamy
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 existed.
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 bigamy ground for annulment property and the support of children.
Property Division: Courts may use equitable distribution bigamy ground for annulment 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.
The Process of Seeking an Annulment
To obtain an annulment on the basis of bigamy, the plaintiff must follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce bigamy ground for annulment decree exists.
Filing the Petition: 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, the judge will issue a final judgment.
The Penal Side of Bigamous Unions
It is essential 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 evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
Discovering bigamy is a jarring experience, bigamy ground for annulment but the law provides a solution through annulment. Consulting with a skilled family law attorney is the best way to ensure your rights are upheld during this trying time.