Legal Consequences of Bigamous Marriages: Understanding Annulment Based on Bigamy

When a person enters into a marriage while still legally bound to another living individual, it creates a voidable situation known as bigamy.

What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having terminated their first marriage through divorce, annulment, or the death of the previous spouse. 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 statutory ground for annulment, the petitioner does not need to demonstrate irreconcilable differences; they simply need to provide documentation of the prior existing marriage.

The Impact on Assets and Children
Even if a marriage is declared void due to bigamy, the court still has the jurisdiction to rule on matters of child support and custody.

Property Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by bigamy ground for annulment the annulment.
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Status of Children: The children's legal status to inheritance and support are usually maintained despite the annulment of the parents' marriage.

The Process of Seeking an Annulment
To obtain an annulment on the foundation of bigamy, the petitioner must follow specific legal steps.

Gathering Evidence: You must secure a certified copy of the spouse’s bigamy ground for annulment previous marriage certificate and check that no divorce decree exists.

Legal Filings: The innocent spouse must file a formal petition for annulment in the relevant family court.

The Hearing: A judge will examine the bigamy ground for annulment evidence. If the bigamy is verified, the judge will issue a decree of annulment.

The Penal Side of Bigamous Unions
It bigamy ground for annulment is essential to remember that bigamy is not just a civil matter; it is a felony or misdemeanor in most regions. Prosecution is rare unless there is bigamy ground for annulment evidence of deception, but the possibility remains a serious factor in these cases.

Conclusion
Discovering bigamy is a traumatic experience, but the law provides a remedy through annulment. Consulting with a qualified family law attorney is the best way to guarantee your rights are upheld during this challenging time.