When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
Bigamy is classified as the act of marrying into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered null and void from the start, meaning the law treats the union as if it never took place.
Choosing Annulment Over Divorce for Bigamy
Many individuals seek an annulment over a divorce in cases of bigamy because it clears the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
One of the most vital concerns in an annulment case involves the distribution of property and the well-being of bigamy ground for annulment children.
Asset Distribution: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to claim a fair share of acquired assets.
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Child Legitimacy: The children's rights to inheritance and support are usually preserved despite the bigamy ground for annulment annulment of the parents' marriage.
The Process of Seeking an Annulment
To obtain an annulment on the grounds of bigamy, the petitioner must follow specific legal steps.
Gathering Evidence: Evidence of the prior marriage is the primary requirement of your case.
Legal Filings: The innocent spouse must bigamy ground for annulment 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 legally dissolved.
The Penal Side of Bigamous Unions
It is noteworthy to remember that bigamy is not just a civil matter; it is a legal violation 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 traumatic experience, but the law provides a bigamy ground for annulment solution through annulment. Consulting with a qualified family law attorney is the best way to protect your rights are upheld during this complex time.