When a person enters into a marriage while still wedded to another living individual, it creates a legal quagmire 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 divorce, annulment, or the death of the previous spouse. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never took place.
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 primary ground for annulment, the petitioner does not need to show 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 the jurisdiction to bigamy ground for annulment rule on matters of child support and custody.
Property Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
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Status of Children: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the grounds of bigamy, the plaintiff must follow specific legal steps.
Proof of Prior Marriage: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: This document outlines the claim of bigamy and requests the court to invalidate the union.
Court Appearance: bigamy ground for annulment Once the court is satisfied of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts oversee the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is uncommon unless bigamy ground for annulment there is evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can bigamy ground for annulment reclaim your legal status and move forward with peace of mind. Consulting with a skilled family law attorney is the best way to ensure your rights are bigamy ground for annulment upheld during this challenging time.