In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
The Legal Definition of Bigamy
Bigamy is classified 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 void ab initio, meaning the law treats the union as if it never happened.
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 statutory 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 child support and custody.
Asset Distribution: 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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Status of Children: The children's legal status to inheritance and support are usually preserved despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires bigamy ground for annulment meticulous preparation and legal evidence.
Proof of Prior Marriage: You must secure a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: The aggrieved party bigamy ground for annulment must file a formal petition for annulment in the relevant family court.
The Hearing: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of Bigamous Unions
It is noteworthy to remember that bigamy is not just a bigamy ground for annulment civil matter; it is a felony or misdemeanor in most regions. Prosecution is bigamy ground for annulment rare unless there is evidence of malice, but the threat remains a bigamy ground for annulment serious factor in these cases.
Final Thoughts
Discovering bigamy is a difficult experience, but the law provides a solution through annulment. Consulting with a experienced family law attorney is the best way to ensure your rights are upheld during this challenging time.