In the realm of family law, few situations are as legally clear-cut yet emotionally devastating as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
Bigamy is recognized 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 happened.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment establishes that the marriage was never valid to begin with. 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
Even if a marriage is declared void due to bigamy, the court still has the authority to rule on matters of child support and custody.
Asset Distribution: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
+1
Child Legitimacy: The children's rights to inheritance and support are usually protected despite the annulment bigamy ground for annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the basis of bigamy, the petitioner must follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: The innocent spouse must bigamy ground for annulment file a formal petition for annulment in the local family court.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will bigamy ground for annulment be erased.
Criminal Implications of Bigamy
While family courts handle the annulment, the state may prosecute the bigamous spouse for bigamy ground for annulment a crime. Prosecution is uncommon unless there is evidence of malice, but the threat remains a serious factor in bigamy ground for annulment these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with peace of mind. Consulting with a skilled family law attorney is the best way to ensure your rights are upheld during this challenging time.