Navigating the complexities of matrimonial law can be overwhelming, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
Bigamy is defined 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 legally non-existent, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
Many individuals prefer an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. Since bigamy is a fundamental ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to rule on matters of child bigamy ground for annulment support and custody.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not left destitute by the annulment.
+1
Status of Children: Modern legal systems typically maintain the legitimacy of bigamy ground for annulment children born from bigamous unions.
The Process of Seeking an Annulment
Filing for an annulment requires thorough preparation and bigamy ground for annulment legal evidence.
Gathering Evidence: You must obtain a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Filing the Petition: This document states the claim of bigamy and requests the court to invalidate the union.
Court Appearance: A judge will evaluate the evidence. If the bigamy is confirmed, the judge will issue a decree bigamy ground for annulment of annulment.
Criminal Implications of Bigamy
While family courts manage the annulment, bigamy ground for annulment the state may prosecute the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of deception, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the law provides a clear path through annulment. Consulting with a qualified family law attorney is the best way to protect your rights are upheld during this challenging time.