Bigamy to Justify Annulment Must Be Proven by Clear and Convincing Evidence

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.