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
Bigamy is classified as the act of marrying into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never happened.
Annulment vs. Divorce: Why It Matters
While a divorce terminates a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
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Child Legitimacy: The children's rights to inheritance and support are usually maintained despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
To obtain an annulment bigamy ground for annulment on the foundation of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: You must find a certified copy of the spouse’s previous bigamy ground for annulment marriage certificate and confirm that no divorce decree exists.
Legal Filings: The innocent spouse must file a formal petition for annulment in the appropriate family court. bigamy ground for annulment
The Hearing: Once the court is satisfied of the prior marriage, the current marriage will be legally dissolved.
The Penal Side bigamy ground for annulment of Bigamous Unions
While family courts oversee the annulment, the state may charge the bigamous spouse for a crime. Prosecution is rare unless there is evidence of malice, but the threat remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with certainty. bigamy ground for annulment Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this challenging time.