The legalities surrounding marriage are strict, and few violations are as significant as entering into a bigamous union. Technically, bigamy refers to the act of undergoing a marriage ceremony while a previous legal marriage remains valid and active.
The Legal Definition and Framework
In most jurisdictions, the law is very clear: a person can only be party to one legal marriage at a time. Because a person lacks the legal capacity to marry while already wed, the second marriage is usually void from its inception.
It is important to distinguish between bigamy and polygamy. While polygamy involves multiple concurrent partners, bigamy is the specific act of "double-marrying" in violation of state or national law.
Consequences of a Bigamous Marriage
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to your financial stability.
Criminal Penalties: In many regions, bigamy is classified as a felony or a serious misdemeanor.
Voiding the Union: A bigamous marriage offers no legal protection regarding assets or spousal support.
Impact on Children: The legal status of children in these situations requires careful navigation of family court.
How Bigamous Marriages Happen
Not every bigamous marriage is a result of intentional deception. For example, a person might genuinely believe their previous divorce was finalized when, in reality, the paperwork was never processed or signed by a judge.
Additionally, international marriages can complicate matters. If a foreign divorce is not legally recognized in bigamous marriage a person's current home, their new marriage could be deemed bigamous.
Moving Forward Legally
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.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.