In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never happened.
Annulment vs. Divorce: Why It Matters
Many individuals choose an annulment over a divorce in cases of bigamy because it removes the legal record of the marriage. Since bigamy is a primary ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
One of the most important concerns in an annulment case involves the distribution of property and the custody of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the bigamy ground for annulment unaware partner, allowing them to seek a fair share of acquired assets.
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Status of Children: The children's entitlements to bigamy ground for annulment inheritance and support are usually protected despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the grounds of bigamy, the filing spouse must follow specific legal 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.
Court Appearance: A judge bigamy ground for annulment will examine the evidence. If the bigamy is verified, the judge will issue a decree of annulment.
The Penal Side of Bigamous Unions
While family courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of malice, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy ground for annulment bigamy is a difficult experience, 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 bigamy ground for annulment time.