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
Bigamy is recognized as the act of contracting into a marriage with one person while still being legally married to another. 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.
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 annulled due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to receive a fair share of acquired assets.
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Child Legitimacy: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an bigamy ground for annulment annulment on the grounds of bigamy, the petitioner 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: The innocent spouse must file a formal petition for annulment in the relevant family court.
The Hearing: A judge will bigamy ground for annulment evaluate bigamy ground for annulment the evidence. If the bigamy is proven, the judge will issue a final judgment.
Criminal Implications of Bigamy
While family courts handle the annulment, the state may charge the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of malice, but the threat remains a serious factor in bigamy ground for annulment these cases.
Conclusion
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during bigamy ground for annulment this challenging time.