Legal Consequences of Bigamous Marriages: Understanding Annulment Based on Bigamy
Navigating the complexities of matrimonial law can be daunting, 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 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 void ab initio, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment declares that the marriage was never valid to begin with. Since bigamy is a statutory ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is declared void due to bigamy, the court still has the power to rule on matters of child support and bigamy ground for annulment custody.
Property Division: Courts may use fair division rules to ensure the innocent spouse bigamy ground for annulment is not left destitute by the annulment.
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Status of Children: The children's legal status to inheritance and support are usually bigamy ground for annulment preserved despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the foundation of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Filing the Petition: This document details the claim of bigamy and requests the court to void the union.
The Hearing: A judge will examine the evidence. If the bigamy is proven, the judge will bigamy ground for annulment issue a final judgment.
The Penal Side of Bigamous Unions
It is important to remember that bigamy is not just a civil matter; it is a legal violation in most regions. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. Consulting with bigamy ground for annulment a experienced family law attorney is the best way to ensure your rights are upheld during this trying time.