When a person enters into a marriage while still wedded to another living individual, it creates a significant legal issue known as bigamy.
The Legal Definition of Bigamy
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 void ab initio, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
Many individuals seek an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most critical concerns in an annulment case involves the distribution bigamy ground for annulment of property and the custody of bigamy ground for annulment children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a bigamy ground for annulment fair share of acquired assets.
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Child Legitimacy: The children's rights 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 the evidence. If the bigamy is verified, the bigamy ground for annulment 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 fraud, 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 qualified family bigamy ground for annulment law attorney is the best way to guarantee your rights are upheld during this complex time.