In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through legal means. 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 terminates a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is annulled due to bigamy, the court still has the bigamy ground for annulment jurisdiction to rule on matters of child support and custody.
Property Division: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to receive a fair share of acquired assets.
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Status of Children: The children's rights to inheritance and support are usually preserved despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the basis of bigamy, the filing spouse must follow specific legal steps.
Gathering Evidence: Evidence of the first marriage is the cornerstone of your case.
Filing the Petition: The aggrieved party must file bigamy ground for annulment 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 nullified.
The Penal Side of Bigamous Unions
While family courts manage the annulment, the state may prosecute the bigamous bigamy ground for annulment spouse for a crime. Prosecution is uncommon unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a traumatic experience, but the law bigamy ground for annulment provides a remedy through annulment. Consulting with a skilled family law attorney is the best way to guarantee bigamy ground for annulment your rights are upheld during this trying time.