Navigating the complexities of matrimonial law can be challenging, especially when discovering that a spouse was already married to someone else at the time of the wedding.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through legal means. In most jurisdictions, a bigamous marriage is considered null and void from the start, 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 primary ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is invalidated due to bigamy, the court still has the jurisdiction to rule on matters of bigamy ground for annulment child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to receive a fair share of acquired assets. bigamy ground for annulment
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Child Legitimacy: The children's entitlements to inheritance and support are usually preserved despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the plaintiff must follow specific legal steps.
Gathering Evidence: You must obtain a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the relevant family court.
The Hearing: Once the court is convinced bigamy ground for annulment of the prior marriage, the current marriage will be nullified.
The Penal Side of Bigamous Unions
While family courts manage the annulment, the state may charge the bigamous spouse for a crime. Prosecution is rare unless there is evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the bigamy ground for annulment law provides a clear path through annulment. Consulting with a experienced family law attorney bigamy ground for annulment is the best way to ensure your rights are upheld during this trying time.