When a person enters into a marriage while still wedded 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 divorce, annulment, or the death of the previous spouse. 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 establishes that the marriage was never valid to begin with. 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
Even if a marriage is declared void due to bigamy, the court bigamy ground for annulment still has the authority to rule on matters of child support and custody.
Asset Distribution: bigamy ground for annulment In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a fair share of acquired assets.
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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 steps.
Gathering Evidence: Evidence of the prior marriage is the cornerstone of your case.
Filing the Petition: This document states the claim of bigamy and requests the court to void the union.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
Criminal Implications of Bigamy
While family bigamy ground for annulment 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.
Conclusion
By seeking an annulment on the grounds of bigamy, you can reclaim bigamy ground for annulment your legal status and move forward with clarity. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during bigamy ground for annulment this trying time.