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
Bigamy is defined as the act of contracting into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never existed.
Annulment vs. Divorce: Why It Matters
Many individuals prefer an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. Since bigamy is a primary ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide proof of the prior existing marriage.
The Impact on Assets and Children
One of the most vital concerns bigamy ground for annulment in an annulment case involves the division of property and the support of children.
Property Division: In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to receive a fair share of acquired assets.
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Status of Children: The children's entitlements to inheritance and support are usually preserved despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires meticulous preparation and legal documentation.
Proof of Prior Marriage: Evidence of the first marriage is the cornerstone of your bigamy ground for annulment case.
Legal Filings: This document details the claim of bigamy and requests the court to invalidate the union.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy is not just a civil matter; it is a felony or misdemeanor bigamy ground for annulment in most regions. Prosecution is rare unless there is evidence of malice, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a bigamy ground for annulment difficult experience, but the law provides a solution through annulment. Consulting with a skilled family law attorney is the bigamy ground for annulment best way to ensure your rights are upheld during this trying time.