When a person enters into a marriage while still wedded to another living individual, it creates a legal quagmire known as bigamy.
What Constitutes a Bigamous Marriage?
Bigamy is defined 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 legally non-existent, meaning the law treats the union as if it never took place.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends a valid marriage, an annulment proclaims that the marriage was never valid to begin with. Since bigamy is a primary 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 important concerns in an annulment case involves the division of property and the well-being of children.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not financially ruined by the annulment.
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Status of Children: The bigamy ground for annulment children's rights to inheritance and bigamy ground for annulment support are usually preserved despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on bigamy ground for annulment the grounds of bigamy, the petitioner must follow specific legal steps.
Proof of Prior Marriage: Evidence of the bigamy ground for annulment first marriage is the cornerstone of your case.
Filing the Petition: The aggrieved party must file a formal petition for annulment in the local family court.
The Hearing: Once the court is satisfied of the prior marriage, the current marriage will be erased.
Criminal Implications of Bigamy
While family courts handle the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of deception, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can protect your legal status and move forward with certainty. Consulting with a skilled family law attorney is the best way to protect your rights are upheld bigamy ground for annulment during this complex time.