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?
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never took place.
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 fundamental ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
Financial and Parental Consequences
One of the most vital concerns in an annulment case involves the allocation of property 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 legal bigamy ground for annulment status to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires thorough bigamy ground for annulment preparation and legal documentation.
Gathering Evidence: You must find a certified copy of the bigamy ground for annulment spouse’s previous marriage certificate and confirm that no divorce decree exists.
Filing the bigamy ground for annulment Petition: The aggrieved party must file a formal petition for annulment in the appropriate family court.
The Hearing: A judge will examine the evidence. If the bigamy is verified, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
It is noteworthy to remember that bigamy is not just a civil matter; it is a criminal offense in most regions. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law bigamy ground for annulment provides a remedy through annulment. Consulting with a experienced family law attorney is the best way to guarantee your rights are upheld during this complex time.