In the realm of family law, few situations are as legally clear-cut yet emotionally devastating as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
Bigamy is classified as the act of entering into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never happened.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment declares that the marriage was never valid to begin with. Since bigamy is a fundamental 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
Even if a marriage is invalidated due to bigamy, the court still has the authority to rule on matters of child support and custody.
Asset Distribution: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to claim a fair share of acquired bigamy ground for annulment assets.
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Child Legitimacy: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
The Process bigamy ground for annulment of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the filing spouse must follow specific legal bigamy ground for annulment steps.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Legal Filings: This document bigamy ground for annulment details the claim of bigamy and requests the court to invalidate the union.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy is not just a civil matter; it is a felony or misdemeanor in most regions. Prosecution is rare unless there is evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. Consulting with a skilled family law attorney bigamy ground for annulment is the best way to ensure your rights are upheld during this trying time.