When a person enters into a marriage while still wedded to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through legal means. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
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 demonstrate irreconcilable differences; they simply need to provide proof of the prior existing marriage.
The Impact on Assets and Children
One of the most critical concerns in an annulment case involves the bigamy ground for annulment division of property and the support of children.
Property Division: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to receive a bigamy ground for annulment fair share of acquired assets.
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Status of Children: The children's legal status to inheritance and support are usually maintained despite the annulment of the parents' marriage.
The bigamy ground for annulment Process of Seeking an Annulment
To obtain an annulment on the grounds of bigamy, bigamy ground for annulment the petitioner must follow specific legal steps.
Proof of Prior Marriage: Evidence of the first marriage is the primary requirement of your case.
Filing the Petition: The innocent spouse must file a formal petition for annulment in the local family court.
Court Appearance: A judge will examine the evidence. If the bigamy is verified, the judge will issue a final judgment.
Criminal Implications of Bigamy
While family courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of fraud, but the bigamy ground for annulment possibility 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 peace of mind. Consulting with a skilled family law attorney is the best way to guarantee your rights are upheld during this trying time.