In the realm of family law, few situations are as complex and distressing as finding out a marriage is bigamous.
The Legal Definition of Bigamy
Bigamy is recognized as the act of contracting 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.
Annulment vs. Divorce: Why It Matters
While a divorce ends a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a fundamental 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 declared void due to bigamy, the court still has the bigamy ground for annulment jurisdiction to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to receive a fair share of acquired bigamy ground for annulment assets.
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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 foundation of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: Evidence of the prior marriage is the primary requirement 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 bigamy ground for annulment 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 there is evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the bigamy ground for annulment grounds of bigamy, you can reclaim your legal status and move forward with peace of mind. Consulting with a bigamy ground for annulment skilled family law attorney is the best way to ensure your rights are upheld during this challenging time.