By Rob Hagy, Law Offices of Rob Hagy, P.C., 154 Hansen Road, Suite 202B, Charlottesville, Virginia. Call (434)293-4562 for more information or email for more information at firstname.lastname@example.org. I look forward to helping you!
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In the case of Davidson v. Davidson, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court improperly denied a woman's petition to annul her bigamous marriage. The woman married her husband before his divorce was final, making their marriage a bigamous union. A bigamous marriage is absolutely void in Virginia. It didn't matter that the women asked for and received a false marriage certificate from the pastor who performed the marriage ceremony after the marriage ceremony.
Unlike a divorce which dissolves a valid marriage, an annulment is a legal decree that a marriage is void. In addition, an annulment proceeding can resolve some of the same issues that would be the subject of a divorce proceeding, such as child custody, support and alimony. Annulments are granted only in limited circumstances such as a marriage entered into because of fraud, duress or coercion. An annulment cannot be granted merely because the marriage is of short duration, and annulments are normally not granted for “religious‿ reasons.
In the case of Rahnema v. Rhanema, the Virginia Court of Appeals ruled that the husband in the case failed to prove that his marriage to his wife was bigamous and thus subject to annulment. The Virginia Court of Appeals ruled that the standard of proof in an annulment proceeding is the "clear and convincing evidence" standard and not the "preponderance of the evidence" standard. The clear and convincing standard applies because the second marriage in a case like this is presumed to be valid.
In the case of Williams v. Williams, the Nevada Supreme Court adopted the putative spouse doctrine in annulment proceedings, holding that an individual whose marriage is void due to a prior legal impediment is treated as a spouse with community property rights in equitable division of property so long as the party seeking equitable relief participated in the marriage ceremony with the good-faith belief that the ceremony was legally valid.
Virginia Code Section 20-108.2 This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.
Virginia Code Section 20-124.3 This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.