When a person enters into a marriage while still married to another living individual, it creates a voidable situation known as bigamy.
What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through divorce, annulment, or the death of the previous spouse. 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
While a divorce ends a valid marriage, an annulment declares that the marriage was never valid to begin with. Since bigamy is a fundamental ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide evidence 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 bigamy ground for annulment matters of child support and custody.
Property Division: Courts may use equitable distribution rules to ensure the innocent spouse is not financially ruined by the annulment.
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Status of Children: bigamy ground for annulment Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the bigamy ground for annulment basis of bigamy, the plaintiff must follow specific legal steps.
Gathering Evidence: You must secure a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.
Legal Filings: This document states the claim of bigamy and requests the court to void bigamy ground for annulment the union.
Court Appearance: Once the court is convinced of the prior marriage, the current marriage will be erased.
The Penal Side of Bigamous Unions
While family courts handle the annulment, the state may charge the bigamous spouse for a crime. Prosecution is uncommon 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, you can restore your legal bigamy ground for annulment 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 complex time.