In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.
The Legal Definition of Bigamy
Bigamy is defined 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 legally non-existent, meaning the law treats the union as if it never existed.
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 prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most critical concerns in an annulment case involves the allocation of property and the well-being of children.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not left bigamy ground for annulment destitute by the annulment.
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Status of Children: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires meticulous preparation and legal evidence.
Gathering Evidence: You must obtain a certified copy of the spouse’s previous marriage certificate bigamy ground for annulment and confirm that no divorce decree exists.
Filing the Petition: This document states the claim of bigamy and requests the court to invalidate the union.
Court Appearance: Once the court is convinced of the prior marriage, the current marriage will be legally dissolved.
The Penal Side of Bigamous Unions
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 bigamy ground for annulment unless there is evidence of malice, but the possibility remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can protect your legal status and bigamy ground for annulment move forward with peace of mind. Consulting with a qualified family law attorney is the best way to protect your rights are upheld during this trying bigamy ground for annulment time.