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. Technically, bigamy refers to the act of undergoing a marriage ceremony while a previous legal marriage remains valid and active.
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. When a bigamous marriage takes place, it is generally considered "void ab initio," which means it is treated as if it never legally existed from the very beginning.
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.
The Legal and Personal Fallout
The consequences of being involved in a bigamous marriage can be severe, ranging from criminal charges to the loss of civil rights.
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.
Effects on Offspring: Children of a bigamous marriage may face unique legal challenges regarding inheritance and parental rights.
How Bigamous Marriages Happen
Not every bigamous marriage is a result of intentional deception. In many cases, a spouse mistakenly believes a long-term separation is equivalent to a legal divorce.
Cross-border legalities often lead to accidental bigamy. If a foreign divorce is not legally recognized in a person's current home, their new marriage could be deemed bigamous.
Moving Forward Legally
The resolution bigamous marriage 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.