In the realm of family law, few situations are as complex and distressing as finding out a marriage is bigamous.
The Legal Definition of Bigamy
Bigamy is defined as the act of entering 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 existed.
Choosing Annulment Over Divorce for Bigamy
Many individuals prefer an annulment over a divorce in cases of bigamy because it erases the legal record of the marriage. Since bigamy is a fundamental ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
Financial and Parental Consequences
One of the most vital concerns in an annulment case involves the division of property and the support of children.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the annulment.
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Child Legitimacy: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
Filing for an annulment requires thorough preparation and legal documentation.
Proof of Prior Marriage: You must secure a certified copy of the bigamy ground for annulment spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: This document outlines the claim of bigamy and requests the court to void the union.
The Hearing: Once the court is convinced of the prior bigamy ground for annulment marriage, the current marriage will be legally dissolved.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy is not just a civil matter; bigamy ground for annulment it is a felony or misdemeanor in most regions. Prosecution is rare unless there is evidence of malice, but the possibility remains a serious factor in bigamy ground for annulment these cases.
Conclusion
By seeking an bigamy ground for annulment annulment on the grounds of bigamy, you can restore your legal status and move forward with certainty. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during this challenging time.