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
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
While a divorce ends 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 show irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
One of the most vital concerns in an annulment case involves the division of property and the support of children.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
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Status of Children: The children's rights to inheritance and support are bigamy ground for annulment usually maintained despite the annulment of the bigamy ground for annulment parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires meticulous preparation and legal evidence.
Gathering Evidence: Evidence of the prior bigamy ground for annulment marriage is the cornerstone of your case.
Legal Filings: The innocent spouse must file a formal petition for annulment in the appropriate family court.
The Hearing: A judge will evaluate the evidence. bigamy ground for annulment If the bigamy is confirmed, the judge will issue a final judgment.
Criminal Implications of Bigamy
While family courts oversee the annulment, the state may charge the bigamous spouse for a crime. Prosecution is rare unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a jarring experience, but the law provides a solution through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this complex bigamy ground for annulment time.