When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.
What Constitutes a Bigamous Marriage?
Bigamy is classified as the act of entering into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never took place.
Annulment vs. Divorce: Why It Matters
While a divorce dissolves a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a fundamental ground for annulment, the petitioner does not need to show 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 power to rule on matters of child support and custody.
Property Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by bigamy ground for annulment the annulment.
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Status of Children: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the basis of bigamy, the plaintiff must follow specific legal steps.
Proof of Prior Marriage: You must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: The innocent spouse must file a formal petition for annulment in the local family court.
Court Appearance: A judge will review the evidence. If the bigamy bigamy ground for annulment is confirmed, the judge will issue a final judgment.
The Penal Side of Bigamous Unions
While family courts oversee the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of malice, but the threat remains a serious bigamy ground for annulment factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can reclaim your legal status bigamy ground for annulment and move forward with peace of mind. Consulting with a skilled family law attorney bigamy ground for annulment is the best way to ensure your rights are upheld during this challenging time.