Title: 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.The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through divorce, annulment, or the death of the previous spouse. 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 prefer an annulment over a divorce in cases of bigamy because it removes the legal record of the marriage. 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.
The Impact on Assets and Children
Even if a marriage is declared void due to bigamy, the court still has the authority to rule on matters of child support and custody.
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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Child Legitimacy: The children's entitlements to inheritance and support are usually maintained despite the annulment bigamy ground for annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the foundation of bigamy, the bigamy ground for annulment filing spouse must follow specific legal steps.
Gathering Evidence: Evidence of the prior marriage is the cornerstone of your case.
Filing the Petition: The aggrieved party must file a formal petition for annulment in the relevant family court.
Court Appearance: A judge will evaluate the evidence. If the bigamy ground for annulment bigamy is confirmed, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
It is essential to remember that bigamy is not just a civil matter; it is a legal violation in most regions. Prosecution is uncommon unless there is evidence of deception, but the threat remains a serious factor in these cases.
Final Thoughts
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 qualified family law attorney is the best way to protect your rights are upheld during bigamy ground for annulment this challenging time.