The legalities surrounding marriage are strict, and few violations are as significant as entering into a bigamous union. Simply put, a bigamous marriage is one where at least one party has a prior, undissolved marriage at the time of the ceremony.
The Legal Definition and Framework
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.
One should note the difference between a bigamous marriage 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
The consequences of being involved in a bigamous marriage can be severe, ranging from criminal charges to the loss of civil rights.
Criminal Penalties: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Nullification of Marriage: As mentioned, the second marriage is usually void, meaning the "spouse" has no legal claim to inheritance, alimony, or joint property.
Effects on Offspring: The legal status of children in these situations requires careful navigation of family court.
How Bigamous Marriages Happen
While some cases involve deliberate fraud, many instances of bigamy occur due to simple bigamous marriage mistakes. A common scenario involves an individual assuming their prior marriage was dissolved, only to find out later that the legal process was incomplete.
Additionally, international marriages can complicate matters. A divorce obtained in one country might not be recognized in another, leading a person to unknowingly enter into a bigamous marriage in a new jurisdiction.
Moving Forward Legally
The resolution of a bigamous situation almost always requires the intervention of a family law attorney. To rectify the situation, the original marriage must be legally dissolved through divorce or annulment before the second marriage can be "revalidated" or performed again legally.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.