In the realm of family law, few situations are as complex and distressing as finding out a marriage is bigamous.
What Constitutes a Bigamous Marriage?
Bigamy is defined 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 existed.
Annulment vs. Divorce: Why It Matters
Many individuals prefer an annulment over a divorce in cases of bigamy because it removes the legal record of the marriage. Since bigamy is a statutory ground for annulment, the petitioner does not need to show irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
The Impact on Assets and Children
One of the most critical concerns in an annulment case involves the allocation bigamy ground for annulment of property and the custody of children.
Property Division: In many states, the "putative spouse" doctrine protects the unaware partner, allowing them to seek a fair share of acquired assets.
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Child Legitimacy: The children's legal status to inheritance and support bigamy ground for annulment are usually protected despite the annulment of the parents' marriage.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal evidence.
Proof of Prior Marriage: Evidence of bigamy ground for annulment the first marriage is the cornerstone of your case.
Filing the Petition: This document outlines 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 legally dissolved.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy is not just a bigamy ground for annulment civil matter; it is a felony or misdemeanor in most regions. Prosecution is rare unless there is evidence of malice, but the threat remains a serious factor in these cases.
Conclusion
By seeking an annulment on the grounds of bigamy, you can reclaim your legal status and move forward with peace of mind. Consulting with a experienced family law bigamy ground for annulment attorney is the best way to guarantee your rights are upheld during this complex time.