Bigamy is a term that many people associate with historical dramas or sensational news headlines, yet it remains a serious legal issue in the modern world. By definition, a bigamous marriage occurs when a person enters into a new marriage while still being legally married to someone else.
Defining Bigamy in the Eyes of the Law
Most legal systems operate under the principle of monogamy, meaning that a second marriage is legally impossible if the first hasn't been ended. Because a person lacks the legal capacity to marry while already wed, the second marriage is usually void from its inception.
While often confused, there is a distinct difference between bigamy and the practice of polygamy. Polygamy is the practice of having multiple spouses simultaneously, often as part of a cultural or religious tradition, whereas bigamy is the specific legal offense of marrying twice without a divorce.
The Legal and Personal Fallout
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to your financial stability.
Legal Prosecution: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Nullification of Marriage: A bigamous marriage offers no legal protection regarding assets or spousal support.
Effects on Offspring: While many modern laws protect the legitimacy of children born into such unions, the custody and support battles can become incredibly complicated.
How Bigamous Marriages Happen
While some cases involve deliberate fraud, many instances of bigamy occur due to simple mistakes. In many cases, a spouse mistakenly believes a long-term separation is equivalent to a legal divorce.
Additionally, international marriages can complicate matters. If a foreign divorce is not legally recognized in a person's current home, their new marriage could be deemed bigamous.
Resolving bigamous marriage a Bigamous Union
The resolution of a bigamous situation almost always requires the intervention of a family law attorney. One must clear the legal hurdles of the first marriage before the second can ever be recognized by the state.
While the situation is stressful, knowing the legal landscape can help individuals protect their rights and their future.