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 took place.
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 statutory ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is declared void due to bigamy, the court still has the power to rule on matters of child support and custody.
Property Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
+1
Status of Children: bigamy ground for annulment The children's entitlements 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.
Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous marriage certificate and verify that no bigamy ground for annulment divorce decree exists.
Legal Filings: The aggrieved party must file a formal petition for annulment in the relevant family court.
Court Appearance: Once the bigamy ground for annulment court bigamy ground for annulment is satisfied of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts oversee the annulment, the state bigamy ground for annulment may pursue the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
Discovering bigamy is a jarring experience, but the law provides a clear path through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this trying time.