Navigating the complexities of matrimonial law can be challenging, especially when discovering that a spouse was already married to someone else at the time of the wedding.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through legal means. 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 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 rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to receive a fair share of acquired assets. bigamy ground for annulment
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Status of Children: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal documentation.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Legal Filings: This document details the claim of bigamy bigamy ground for annulment and requests the court to invalidate the union.
The Hearing: Once the court is bigamy ground for annulment convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of Bigamous Unions
While bigamy ground for annulment family courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless bigamy ground for annulment there is evidence of deception, but the possibility remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this complex time.