Navigating the complexities of matrimonial law can be challenging, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
Bigamy is classified 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 happened.
Annulment vs. Divorce: Why It Matters
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 bigamy ground for annulment and the well-being of children.
Asset Distribution: Courts may use fair division rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: The children's entitlements to inheritance and bigamy ground for annulment support are usually maintained despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation bigamy ground for annulment and legal documentation.
Gathering Evidence: Evidence of the prior marriage is the cornerstone of your case.
Filing the Petition: This document outlines the claim of bigamy and bigamy ground for annulment requests the court to void the union.
The Hearing: Once the court is satisfied of the prior marriage, the current marriage will be nullified.
The Penal Side of Bigamous Unions
While family courts bigamy ground for annulment manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of deception, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can protect 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.