Navigating the complexities of matrimonial law can be daunting, 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 defined as the act of marrying 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.
Choosing Annulment Over Divorce for Bigamy
Many individuals seek an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
Financial and Parental Consequences
One of the most critical concerns in an annulment case involves the allocation of property and the custody of children.
Asset Distribution: 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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Child Legitimacy: The children's rights to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the foundation bigamy ground for annulment of bigamy, the petitioner must follow specific legal steps.
Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and verify that bigamy ground for annulment no divorce decree exists.
Filing the 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 bigamy ground for annulment cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during bigamy ground for annulment this complex time.