When a person enters into a marriage while still wedded to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
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 legally non-existent, meaning the law treats the union as if it never happened.
Annulment vs. Divorce: Why It Matters
While a divorce dissolves a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a primary ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide documentation 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 matters of child support and custody.
Asset Distribution: bigamy ground for annulment 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 almost always maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the basis of bigamy, the petitioner must follow specific bigamy ground for annulment legal steps.
Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: This document states the claim of bigamy and requests the court to void the union.
The Hearing: Once the court bigamy ground for annulment is satisfied of the prior marriage, the current marriage will be nullified.
Criminal Implications of bigamy ground for annulment Bigamy
While family courts handle the annulment, the state may pursue the bigamous spouse for a crime. Prosecution is rare unless there is evidence of deception, but the possibility remains a serious factor bigamy ground for annulment in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with peace of mind. Consulting with a skilled family law attorney is the best way to protect your rights are upheld during this challenging time.