When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having legally dissolved 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 existed.
Annulment vs. Divorce: Why It Matters
While a divorce ends a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a statutory ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to claim a fair share of acquired assets.
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Status of Children: The children's entitlements to inheritance and support are usually preserved despite bigamy ground for annulment the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the bigamy ground for annulment plaintiff must follow specific legal steps.
Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the relevant family court.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be legally dissolved.
Criminal Implications of Bigamy
While family courts manage the annulment, the state may pursue the bigamy ground for annulment bigamous spouse for a crime. Prosecution is rare unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy ground for annulment bigamy, you can reclaim your legal status and move forward with certainty. Consulting with a skilled family law attorney is the bigamy ground for annulment best way to ensure your rights are upheld during this challenging time.