When a person enters into a marriage while still married to another living individual, it creates a significant legal issue known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through legal means. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never happened.
Choosing Annulment Over Divorce for Bigamy
Many individuals choose an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. 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.
The Impact on Assets and Children
One of the most bigamy ground for annulment important concerns in an annulment case involves the distribution of property and the support of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to receive a fair share of acquired assets.
+1
Child Legitimacy: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: Evidence of the bigamy ground for annulment first marriage is the cornerstone of your case.
Legal Filings: This document details the claim of bigamy and requests the court to invalidate the union.
The Hearing: Once the court is convinced of bigamy ground for annulment the prior marriage, the current marriage will be legally dissolved.
Criminal Implications of Bigamy
While family courts manage the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is bigamy ground for annulment rare unless there is evidence of malice, but the possibility remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds bigamy ground for annulment of bigamy, you can reclaim your legal status and move forward with clarity. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this trying time.