Bigamy as a Ground for Annulment: Understanding Annulment Based on Bigamy
In the realm of family law, few situations are as straightforward yet shocking as finding out a marriage is bigamous.What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having legally dissolved 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 existed.
Annulment vs. Divorce: Why It Matters
While a divorce terminates a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
One of the most important concerns in an annulment case involves the allocation of property and the support 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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Status of Children: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the foundation of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Legal Filings: This document details the claim of bigamy bigamy ground for annulment and requests the court to invalidate the union.
Court Appearance: A judge will examine the evidence. If the bigamy is verified, the judge will issue a decree of annulment.
The Penal Side bigamy ground for annulment of Bigamous Unions
While family courts manage the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is bigamy ground for annulment evidence of deception, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a jarring experience, but the law provides a clear bigamy ground for annulment path through annulment. Consulting with a qualified family law attorney is the best bigamy ground for annulment way to guarantee your rights are upheld during this challenging time.