Navigating the complexities of matrimonial law can be overwhelming, 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 terminated their first marriage through divorce, annulment, or the death of the previous spouse. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never existed.
Annulment vs. Divorce: Why It Matters
Many individuals prefer an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. 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.
The Impact on Assets and Children
One of the most vital concerns in an annulment case involves the division of property and the support of children.
Property bigamy ground for annulment Division: In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to receive a fair share bigamy ground for annulment of acquired assets.
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Status of Children: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on bigamy ground for annulment Bigamy
Filing for an annulment requires bigamy ground for annulment meticulous preparation and legal documentation.
Proof of Prior Marriage: Evidence of the first marriage is the cornerstone of your case.
Legal Filings: This document details the claim of bigamy and requests the court to invalidate the union.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy is not just a civil matter; it is a felony or misdemeanor in most regions. Prosecution is rare unless there is evidence of malice, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. bigamy ground for annulment Consulting with a skilled family law attorney is the best way to ensure your rights are upheld during this trying time.