Navigating the complexities of matrimonial law can be challenging, especially when discovering that a spouse was already married to someone else at the time of the wedding.
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
While a divorce ends a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide proof of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is annulled due to bigamy, the court still has bigamy ground for annulment the jurisdiction to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine bigamy ground for annulment protects the unaware partner, allowing them to receive a fair share of acquired assets.
+1
Status of Children: Modern legal systems generally maintain the legitimacy of bigamy ground for annulment children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal documentation.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Legal Filings: This document details the claim of bigamy and requests the court to invalidate the union.
The Hearing: Once the court is convinced of the bigamy ground for annulment prior marriage, the current marriage will be legally dissolved.
Criminal Implications of Bigamy
While family courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney bigamy ground for annulment is the best way to protect your rights are upheld during this complex time.