When a person enters into a marriage while still married to another living individual, it creates a voidable situation known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through legal means. 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 choose 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 evidence 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 destitute by the annulment.
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Child Legitimacy: The children's legal 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 careful preparation and legal documentation.
Gathering Evidence: Evidence of the prior marriage is the primary requirement of your bigamy ground for annulment case.
Filing the Petition: This document states the claim of bigamy and requests the court to void the union.
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 important to remember that bigamy is not just a civil matter; it is bigamy ground for annulment a criminal offense in most regions. Prosecution is rare unless there is evidence of deception, but the possibility remains bigamy ground for annulment a serious factor in these cases.
Final Thoughts
Discovering bigamy is a traumatic experience, but the law provides a remedy bigamy ground for annulment through annulment. Consulting with a qualified family law attorney is the best way bigamy ground for annulment to guarantee your rights are upheld during this complex time.