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.
The Legal Definition of Bigamy
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through legal means. 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.
Choosing Annulment Over Divorce for Bigamy
While a divorce ends 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 evidence of the prior existing marriage.
Financial and Parental Consequences
Even if a marriage is annulled due to bigamy, the court still has the power to rule on matters of child support and custody.
Asset Distribution: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to seek a fair share bigamy ground for annulment of acquired assets.
+1
Child Legitimacy: Modern legal systems typically maintain the legitimacy of children born from bigamous unions.
Steps to File for Annulment Based on Bigamy
To obtain an annulment on the basis of bigamy, the filing spouse must follow specific legal steps.
Proof of Prior Marriage: bigamy ground for annulment You must secure a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.
Filing the Petition: This document outlines the claim of bigamy and requests the court bigamy ground for annulment to invalidate the union.
Court Appearance: A bigamy ground for annulment judge will examine the evidence. If the bigamy is verified, the judge will issue a decree of annulment.
Criminal Implications of Bigamy
While family courts oversee the annulment, the state may charge the bigamous bigamy ground for annulment spouse for a crime. Prosecution is uncommon unless there is evidence of deception, but the possibility remains a serious factor in these cases.
Conclusion
Discovering bigamy is a jarring experience, but the law provides a remedy through annulment. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this complex time.