When a person enters into a marriage while still married to another living individual, it creates a voidable situation known as bigamy.
The Legal Definition of Bigamy
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 void ab initio, meaning the law treats the union as if it never existed.
Annulment vs. Divorce: Why It Matters
While a divorce dissolves 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 show irreconcilable differences; they simply need to provide proof of the prior existing marriage.
Financial and Parental Consequences
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: In many states, the "putative spouse" doctrine protects the deceived spouse, allowing them to claim a fair share of acquired assets.
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Child bigamy ground for annulment Legitimacy: Modern legal systems almost always maintain the legitimacy of children born from bigamous unions.
The Process of Seeking an Annulment
To obtain an annulment on the basis of bigamy, the plaintiff must follow specific legal steps.
Gathering Evidence: You bigamy ground for annulment must secure a certified copy of the spouse’s previous marriage certificate and check that no divorce decree exists.
Legal Filings: This document details the claim of bigamy ground for annulment bigamy and requests the court to invalidate the union.
Court Appearance: Once the court is convinced of the prior marriage, the current marriage will be legally bigamy ground for annulment dissolved.
Criminal Implications of Bigamy
While family courts manage the annulment, the state may bigamy ground for annulment charge the bigamous spouse for a crime. Prosecution is uncommon unless there is evidence of fraud, but the threat remains a serious factor in these cases.
Final Thoughts
By seeking an annulment on the grounds of bigamy, you can restore your legal status and move forward with certainty. Consulting with a qualified family law attorney is the best way to ensure your rights are upheld during this challenging time.