Finding out that your spouse is already married? That’s a situation no one expects—and it can throw your entire life into legal limbo. In cases like this, your marriage isn’t just troubled; legally speaking, it never existed in the first place. Unlike divorce, which ends a valid marriage, an annulment wipes it off the books as if it never happened.
This falls under bigamy, which is illegal everywhere, including Arizona. If you unknowingly married someone who was already legally wed, you have the right to request an annulment. The process involves filing a court petition, gathering proof of the existing marriage (like a marriage certificate), and getting a judge to declare your marriage void.
But what happens next? Depending on the circumstances, there could be legal consequences for your spouse—maybe even criminal charges. Plus, there’s the issue of property and child custody. Sorting through these complications takes careful planning.
What Is an Annulment and How Does It Differ from Divorce?
Definition of Annulment
An annulment is a legal process that basically wipes a marriage off the books, treating it like it never legally happened. Unlike divorce, which ends a valid marriage, an annulment declares that the marriage was never valid in the first place. Courts only grant annulments in specific situations, like fraud, coercion, or bigamy—when one spouse was already married at the time of the wedding.
If bigamy is involved, the marriage isn’t just invalid—it’s automatically void under the law. In other words, legally speaking, it never existed. That said, getting an official annulment can still be important. It helps clarify things like property rights, child custody, and legal standing for future relationships.
Key Differences Between Annulment and Divorce
Annulments and divorces both end a marital relationship, but they do so in very different ways:
- Legal Status: A divorce dissolves a real marriage. An annulment, on the other hand, says there was never a valid marriage to begin with.
- Grounds for Filing: You can get a divorce for almost any reason—irreconcilable differences are enough. Annulments, though, require specific circumstances like bigamy or fraud.
- Effects on Property & Children: Divorce involves dividing assets and possibly awarding spousal support. With annulments, courts may still address things like child custody and financial matters, but without treating the couple as ever having been legally married.
If you’ve just discovered your spouse was already married, you probably have a lot of questions about what happens next. Let’s take a closer look at what bigamy means under the law and how it affects your marital status.
The Legal Concept of Bigamy and Its Impact on Marriage Validity
What Is Bigamy Under the Law?
Bigamy happens when someone gets married while still legally married to someone else. It sounds like something out of a soap opera, but it’s a real legal issue with serious consequences. In Arizona, as in most states, marriage laws require that both spouses be legally free to marry. If one person is still tied to a previous spouse, the second marriage isn’t just problematic—it’s void from the start. In other words, legally speaking, it never existed.
But bigamy isn’t just a paperwork mistake; it’s also a crime. Under Arizona Revised Statutes § 13-3606, knowingly marrying someone while already being married can lead to criminal charges. However, if you unknowingly entered into a bigamous marriage—because your spouse hid their previous marriage from you—you likely won’t face legal trouble. Still, you’ll need to take steps to protect your rights and officially nullify the marriage.
How Courts Handle Bigamous Marriages
Since bigamous marriages have no legal standing, courts don’t treat them like traditional divorces. Instead, an annulment is the proper legal action. An annulment essentially wipes the marriage off the books, declaring that it was never valid in the first place. This can have major implications for things like property division, spousal support, and even child custody.
One of the trickiest parts of these cases is proving that the first marriage was still valid when the second one occurred. You may need to track down old marriage certificates, divorce records (or proof that no divorce was ever filed), and other legal documents. And if you had children during this marriage? The courts will still determine custody and child support based on Arizona family law—because while the marriage may be void, parental responsibilities remain very real.
If you’ve just discovered that your spouse was already married, you’re probably feeling overwhelmed. So what now? Next, we’ll walk through the steps to get an annulment and what evidence you’ll need to prove your case in court.
Steps to Get an Annulment If Your Spouse Is Already Married
Filing the Petition for Annulment
The first step in ending a bigamous marriage is filing a petition with the family court. This legal document formally asks the court to declare your marriage invalid because your spouse was already married when you tied the knot.
When submitting your petition, you’ll need to include:
- A copy of your marriage certificate
- Documents proving your spouse’s previous marriage is still legally binding
- A statement explaining the circumstances of your marriage and why it should be annulled
In Arizona, annulment petitions must be filed in the county where either spouse resides. After filing, the court will issue a summons that must be served to your spouse, giving them a chance to respond. If they don’t contest it, the process may move forward fairly smoothly. But if they challenge it, be prepared for a legal battle. In some cases, if they ignore the summons altogether, the judge may grant you an annulment by default.
Small mistakes in paperwork can slow things down, so it’s worth making sure everything is accurate before filing. A family law attorney can help ensure you follow Arizona’s legal requirements and avoid unnecessary delays.
Gathering Proof of the Previous Marriage
To get an annulment based on bigamy, you’ll need solid proof that your spouse was already legally married before saying “I do” to you. The best evidence includes:
- A certified copy of their previous marriage certificate
- Court records proving no divorce or annulment occurred before your wedding
- Statements from witnesses or official public records confirming their marital status
If your spouse denies being married to someone else, gathering proof might take some extra digging. You may need to contact state agencies or even search records from other states or countries if their previous marriage took place elsewhere. These searches can take time, so starting early is key.
In situations where a spouse has hidden—or worse, destroyed—evidence of their past marriage, legal options like subpoenas may be necessary to uncover the truth. If you suspect foul play, consulting an attorney can help you access records that aren’t easily available to the public.
Court Proceedings and Final Judgment
Once you’ve filed your petition and gathered enough proof, the case will move forward in court. A judge will review all documents and determine whether there’s sufficient evidence that bigamy occurred. If there is, they’ll likely grant an annulment—essentially declaring your marriage never legally existed in the first place.
Unlike divorce cases that focus on dividing assets and determining custody arrangements, annulments primarily deal with whether a marriage was ever valid at all. However, courts may still consider:
- Whether you entered into the marriage in good faith
- Any financial or property disputes that arose from the relationship
- Custody arrangements if children were born during the marriage
- Whether one party knowingly misled the other about their marital status
If granted, an annulment legally erases the marriage as if it never happened—but that doesn’t mean everything resets like magic. If children were born during the relationship, child custody and support decisions will still need to be made just like they would in a divorce. The fact that the marriage was void doesn’t change parental responsibilities.
Once finalized, you’ll receive a decree of annulment—official proof that your marriage was never legally valid. This document may be important down the road if you need to update legal records or remarry in the future without complications.
Getting an annulment due to bigamy can feel overwhelming, especially when dealing with legal paperwork and proving facts that might not be easy to find. If you’re unsure about any part of this process, speaking with an experienced family law attorney can help make sure everything is handled correctly while protecting your rights along the way.
Legal Consequences of a Bigamous Marriage
Criminal Penalties for Bigamy
Bigamy isn’t just a legal issue—it’s a crime. In Arizona, under Arizona Revised Statutes § 13-3606, knowingly marrying someone while still legally wed to another person is a class 5 felony. And that’s no small matter. If convicted, you could face:
- Prison time – A sentence of up to 2.5 years behind bars, depending on the circumstances.
- Hefty fines – Courts may order significant financial penalties, especially if fraud was involved.
- A permanent criminal record – A conviction doesn’t just go away; it can impact job opportunities, housing, and even personal relationships.
That said, the law makes exceptions for people who genuinely believed their previous marriage was legally dissolved—maybe they were misled about a divorce being finalized or thought an annulment had gone through. But proving this in court? Not always easy.
Financial and Property Implications
Since a bigamous marriage is legally void from the start, it’s as if it never existed in the eyes of the law. Sounds simple, right? Not always. The financial fallout can be messy:
- Property disputes – The non-legal spouse may have zero claim to assets acquired during the marriage since, legally speaking, there was no marriage at all.
- No spousal support – Unlike in a divorce, courts typically won’t award alimony in an annulment case, which could leave one party in a tough financial spot.
- Debt complications – If you and your “spouse” took on joint debt under the assumption your marriage was legal, sorting out who owes what can get complicated fast.
These financial headaches often require legal help to untangle. Talking to a family law attorney can give you clarity on your rights and next steps.
Child Custody Considerations in an Annulled Marriage
If children were born from a bigamous marriage, don’t worry—their rights are still protected under Arizona law. Courts handle child custody and support based on what’s best for the child, just like they would in any other custody case. That said, an annulment might mean extra legal steps to establish paternity and formal custody arrangements.
Bigamy isn’t just a paperwork issue—it has real consequences that can ripple through every part of your life. So what’s the best legal path forward—annulment, divorce, or something else? Let’s break it down next.
Alternatives to Annulment: Divorce or Legal Separation?
If an annulment isn’t on the table, you might be wondering what your next best option is. In most cases, that comes down to either divorce or legal separation. Each has different legal and financial consequences, so it’s important to understand how they compare before making a decision.
Divorce legally ends a marriage, meaning both parties are free to remarry. Unlike an annulment, which essentially erases the marriage as if it never happened, divorce acknowledges that the marriage was valid but is now officially dissolved. In Arizona, you don’t need to prove wrongdoing—simply stating that the marriage is irretrievably broken is enough. Divorce also allows for spousal support, asset division, and child custody arrangements. However, for some people, the idea of legally recognizing a marriage they believe should never have happened can be unsettling.
Legal separation is another possible route. It works similarly to divorce by addressing issues like child custody, support, and property division, but the marriage itself remains intact. Some couples choose this option for religious reasons or financial benefits like keeping health insurance coverage. Others see it as a trial period before making a final decision on divorce.
Not sure which path is right for you? Speaking with a family law attorney can help you weigh your options and protect your rights moving forward.
FAQs About Annulments for Bigamous Marriages
Is a bigamous marriage automatically annulled?
Not quite. Even though a bigamous marriage isn’t legally valid, it doesn’t just disappear on its own. You still have to go through the annulment process to officially end it. Courts will require proof—like a marriage certificate—showing your spouse was already married when they married you.
How long does the annulment process take?
It depends. If there’s clear evidence of bigamy and no one disputes it, the process could wrap up in a few months. But if your spouse contests the annulment or there are complications, it might take longer. Every case is different.
Will an annulment affect child custody or support?
No. Even if the marriage is annulled, family courts still handle child custody and support based on what’s best for the child. That part doesn’t change.
Do I need an attorney to file for annulment?
Technically, no—but having a family law attorney can make things much easier. Annulment laws can be tricky, and an attorney helps ensure you don’t miss any critical steps.
If you’re in this situation, don’t wait—reach out to us today to explore your legal options.
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