When a person enters into a marriage while still legally bound to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
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
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 fundamental ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is annulled due to bigamy, the court still has bigamy ground for annulment the power to rule on matters of child support and custody.
Asset Distribution: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute bigamy ground for annulment by the annulment.
+1
Child Legitimacy: The children's entitlements to inheritance and support are usually preserved despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Filing the Petition: The innocent spouse must file a formal petition for annulment in bigamy ground for annulment the relevant family court.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts handle the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is rare unless there is evidence of fraud, but the threat remains a serious factor in these bigamy ground for annulment cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with peace of mind. Consulting with a skilled family law attorney is the best bigamy ground for annulment way to protect your rights are upheld during this challenging time.