In the realm of family law, few situations are as legally clear-cut yet emotionally devastating as finding out a marriage is bigamous.
The Legal Definition of Bigamy
Bigamy is recognized 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 null and void from the start, meaning the law treats the union as if it never took place.
Choosing Annulment Over Divorce for Bigamy
Many individuals choose an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. Since bigamy is a fundamental ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
One of the most vital concerns in an annulment case involves the distribution of property and the well-being of children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to claim a fair share bigamy ground for annulment of acquired assets.
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Status of Children: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
The bigamy ground for annulment Process of Seeking an Annulment
To obtain an annulment on the grounds of bigamy, the petitioner must follow specific legal steps.
Gathering bigamy ground for annulment Evidence: You must find a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Legal Filings: The innocent spouse must file a formal petition for annulment in the appropriate family court.
The Hearing: A judge will evaluate the evidence. If the bigamy is confirmed, the judge will issue a final judgment.
Criminal Implications of Bigamy
It is noteworthy to remember that bigamy is not just a civil matter; it is a felony or misdemeanor in most regions. Prosecution is rare unless bigamy ground for annulment there is evidence of deception, but the possibility remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can reclaim your legal status and move forward with peace of mind. Consulting with a bigamy ground for annulment qualified family law attorney is the best way to guarantee your rights are upheld during this challenging time.