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?
At its core, bigamy involves a person marrying a second spouse without having legally dissolved their first marriage through proper judicial channels. In most jurisdictions, a bigamous marriage is considered legally non-existent, 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 proclaims that the marriage was never valid to begin with. Since bigamy is a fundamental ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide evidence of the prior existing marriage.
The Impact on Assets and Children
Even if a marriage is annulled due to bigamy, the court still bigamy ground for annulment has the jurisdiction 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 of acquired assets.
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Child Legitimacy: Modern legal systems bigamy ground for annulment 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 petitioner must follow specific bigamy ground for annulment legal bigamy ground for annulment steps.
Gathering Evidence: You must obtain a certified copy of the spouse’s previous marriage certificate and check that no bigamy ground for annulment divorce decree exists.
Legal Filings: This document outlines the claim of bigamy and requests the court to void the union.
Court Appearance: Once the court is satisfied of the prior marriage, the current marriage will be erased.
Criminal Implications of 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 threat 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 qualified family law attorney is the best way to guarantee your rights are upheld during this trying time.