Bigamy as a Ground for Annulment: Understanding Annulment Based on Bigamy

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 proper judicial channels. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never happened.

Choosing Annulment Over Divorce for Bigamy
While a divorce terminates a valid marriage, an annulment declares that the marriage was never valid to begin with. Since bigamy is a statutory ground for annulment, the petitioner does not need to prove irreconcilable differences; they simply need to provide documentation of the prior existing marriage.

The Impact on Assets and Children
Even if a marriage is annulled due to bigamy, the court still has the power to rule on bigamy ground for annulment matters of child support and custody.

Property Division: Courts may use fair division rules to ensure the innocent spouse is not financially ruined by the annulment.
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Child Legitimacy: Modern bigamy ground for annulment legal systems almost always maintain the legitimacy of children born from bigamous unions.

Steps to File for Annulment Based on Bigamy
To obtain an annulment on the bigamy ground for annulment grounds of bigamy, the filing spouse bigamy ground for annulment must follow specific legal steps.

Gathering Evidence: You must find a certified copy of the spouse’s previous marriage certificate and verify that no divorce decree exists.

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

Court Appearance: A judge will evaluate the evidence. If the bigamy is proven, the judge will issue a decree of annulment.

Criminal Implications of Bigamy
It is important to remember that bigamy is not just a civil matter; it is a legal violation in most regions. Prosecution is uncommon unless there is evidence of malice, but the possibility remains a serious factor in these cases.

Conclusion
Discovering bigamy is a difficult experience, but the law provides a bigamy ground for annulment solution through annulment. Consulting with a experienced family law attorney is the best way to guarantee your rights are upheld during this complex time.