When a person enters into a marriage while still married to another living individual, it creates a significant legal issue known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having ended 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 happened.
Annulment vs. Divorce: Why It Matters
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 demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is invalidated due to bigamy, the court still has the authority to bigamy ground for annulment rule on matters of child support and custody.
Asset Distribution: Courts may use equitable distribution rules to ensure the innocent spouse bigamy ground for annulment is not left destitute by the annulment.
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Child Legitimacy: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the grounds of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Legal Filings: This bigamy ground for annulment document details the claim of bigamy and requests the court to invalidate the union.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of Bigamous Unions
While family courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of deception, but the possibility remains bigamy ground for annulment a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with clarity. Consulting with a experienced family law bigamy ground for annulment attorney is the best way to protect your rights are upheld during this complex time.