When a person enters into a marriage while still wedded to another living individual, it creates a voidable situation known as bigamy.
What Constitutes a Bigamous Marriage?
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 choose an annulment over a divorce in cases of bigamy because it removes the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide proof of the prior existing marriage.
The Impact on Assets and Children
One of the most critical concerns in an annulment case involves the division of property and the custody of bigamy ground for annulment children.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by bigamy ground for annulment the annulment.
+1
Child Legitimacy: The children's rights to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the bigamy ground for annulment grounds of bigamy, the petitioner must follow specific legal steps.
Gathering Evidence: Evidence of the prior 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: A judge will evaluate the evidence. If the bigamy is confirmed, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
It is noteworthy to remember that bigamy is not just a civil matter; it is a legal violation in bigamy ground for annulment most regions. Prosecution is uncommon unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a difficult experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are bigamy ground for annulment upheld during this complex time.