Navigating the complexities of matrimonial law can be challenging, especially when discovering that a spouse was already married to someone else at the time of the wedding.
What Constitutes a Bigamous Marriage?
Bigamy is recognized 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 happened.
Choosing Annulment Over Divorce for Bigamy
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 statutory ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.
Financial and Parental Consequences
One of the most bigamy ground for annulment vital concerns in an annulment case involves the division of property and the well-being of children.
Property Division: In many bigamy ground for annulment states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a fair share of acquired assets.
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Child Legitimacy: Modern legal systems almost always bigamy ground for annulment maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
Filing for an annulment requires thorough preparation and legal documentation.
Proof of Prior Marriage: Evidence of the prior marriage is the cornerstone of your case.
Legal Filings: This document states the claim of bigamy and requests the court to void the union.
Court Appearance: A judge will evaluate the evidence. If the bigamy is proven, the judge will issue a decree of annulment.
The Penal Side of Bigamous Unions
It is essential to remember that bigamy bigamy ground for annulment is not just a civil matter; it is a felony or misdemeanor in most regions. Prosecution is uncommon unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a difficult experience, but the law provides a clear path through annulment. Consulting with a skilled family law attorney is the best bigamy ground for annulment way to ensure your rights are upheld during this challenging time.