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?
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.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a statutory ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most important concerns in an annulment case involves the division of property and the bigamy ground for annulment well-being of children.
Property Division: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a fair share of acquired assets.
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Status of Children: Modern legal bigamy ground for annulment systems almost always maintain the bigamy ground for annulment legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires meticulous preparation and legal documentation.
Gathering Evidence: Evidence of the first marriage is the cornerstone of your case.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the local family court.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts handle the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is rare unless there is evidence of bigamy ground for annulment deception, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with peace of mind. Consulting with a experienced family bigamy ground for annulment law attorney is the best way to guarantee your rights are upheld during this challenging time.