Navigating the complexities of matrimonial law can be daunting, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having terminated 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.
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 fundamental 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 annulled due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.
Property bigamy ground for annulment Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
+1
Status of Children: The children's rights to inheritance bigamy ground for annulment and support are usually preserved despite the annulment of the parents' marriage.
The Process of Seeking an Annulment
Filing for an annulment requires meticulous preparation and legal evidence.
Proof of Prior Marriage: You must find a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: The aggrieved party must file a formal petition for annulment in the appropriate family court.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be nullified.
The Penal Side of Bigamous bigamy ground for annulment Unions
While family courts manage the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is rare unless there is evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, bigamy ground for annulment you can reclaim your legal status and move forward with peace of mind. Consulting with a experienced family law attorney is the best way to guarantee your rights bigamy ground for annulment are upheld during this trying time.