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 proper judicial channels. In most jurisdictions, a bigamous marriage is considered legally non-existent, 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 evidence of the prior existing marriage.
Financial and Parental Consequences
One of the most critical concerns in an annulment case involves the allocation of property and the custody of children.
Asset Distribution: bigamy ground for annulment Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: The children's legal status to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal documentation.
Gathering Evidence: Evidence of the prior marriage is the cornerstone of your case.
Filing the Petition: This document states the claim of bigamy and requests the court to void the union.
The Hearing: A judge will examine bigamy ground for annulment the evidence. If the bigamy is proven, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
It is noteworthy to remember that bigamy is not just a civil matter; it is a criminal offense in most regions. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor bigamy ground for annulment 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 bigamy ground for annulment the best way to protect your rights are upheld during this complex bigamy ground for annulment time.