Bigamy as a Ground for Annulment: How Bigamy Invalidates a Marriage

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

What Constitutes a Bigamous Marriage?
At its core, bigamy involves a person marrying a second spouse without having ended their first marriage through legal means. In most jurisdictions, a bigamous marriage is considered legally non-existent, meaning the law treats the union as if it never happened.

Annulment vs. Divorce: Why It Matters
While a divorce dissolves 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 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: In many states, the "putative spouse" doctrine protects the innocent party, allowing them to receive a fair share of acquired assets.
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Status of Children: Modern legal systems typically maintain the legitimacy of children born bigamy ground for annulment from bigamous unions.

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

Proof of Prior Marriage: You must obtain a certified copy of the spouse’s previous marriage certificate and confirm that no divorce decree exists.

Filing the Petition: The aggrieved party must file a formal petition for annulment in the appropriate family court.

The Hearing: Once the court bigamy ground for annulment is satisfied of the prior marriage, the current marriage will be nullified.

Criminal Implications of Bigamy
While family courts oversee the annulment, the state may prosecute the bigamous bigamy ground for annulment spouse for a crime. Prosecution is uncommon unless there is evidence of malice, bigamy ground for annulment but the threat remains a serious factor in these cases.

Conclusion
By seeking an annulment on the grounds of bigamy, you bigamy ground for annulment can reclaim your legal status and move forward with peace of mind. Consulting with a experienced family law attorney is the best way to protect your rights are upheld during this trying time.