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 defined as the act of entering into a marriage with one person while still being legally married to another. In most jurisdictions, a bigamous marriage is considered void ab initio, meaning the law treats the union as if it never existed.
Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment establishes that the marriage was never valid to begin with. Since bigamy is a statutory ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide proof of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is invalidated due to bigamy, the court still has the power to rule on matters of child support and custody.
Asset Distribution: Courts may use equitable distribution rules to ensure the innocent spouse is not left destitute by the bigamy ground for annulment annulment.
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Child Legitimacy: Modern legal systems generally maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
Filing for an annulment requires careful preparation and legal evidence.
Gathering Evidence: Evidence of the first marriage is the bigamy ground for annulment cornerstone of your case.
Filing the Petition: bigamy ground for annulment The innocent spouse must file a formal petition for annulment in the appropriate family court.
Court Appearance: bigamy ground for annulment Once the court is convinced of the prior bigamy ground for annulment marriage, the current marriage will be nullified.
The Penal Side of Bigamous Unions
While family courts handle the annulment, the state may prosecute the bigamous spouse for a crime. Prosecution is rare unless there is evidence of fraud, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a traumatic experience, but the law provides a solution through annulment. Consulting with a experienced family law attorney is the best way to ensure your rights are upheld during this complex time.