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. Simply put, a bigamous marriage is one where at least one party has a prior, undissolved marriage at the time of the ceremony.
Defining Bigamy in the Eyes of the Law
The legal framework for marriage relies on the dissolution of prior unions before new ones can be formed. 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. 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.
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.
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: Children of a bigamous marriage may face unique legal challenges regarding inheritance and parental rights.
How Bigamous Marriages Happen
Surprisingly, bigamy is often the result of a misunderstanding rather than a criminal plot. In many cases, a spouse mistakenly believes a long-term separation is equivalent to a legal divorce.
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.
Resolving a Bigamous Union
Discovering a prior marriage is still active requires immediate action and professional legal advice. The party must properly bigamous marriage end the first marriage before they can attempt to make the second union legal.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.