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.
The Legal Definition and Framework
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.
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
The fallout of bigamy is often twofold: it involves both criminal penalties and complex civil litigation.
Criminal Penalties: Bigamy is frequently prosecuted as a crime, potentially resulting in imprisonment.
Nullification of Marriage: As mentioned, the second marriage is usually void, meaning the "spouse" has no legal claim to inheritance, alimony, or joint property.
Impact on Children: The legal status of children in these situations requires careful navigation of family court.
Common Causes and Misunderstandings
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.
Additionally, international marriages can complicate matters. If a foreign divorce is not legally recognized in a person's current home, bigamous marriage their new marriage could be deemed bigamous.
Resolving a Bigamous Union
The resolution of a bigamous situation almost always requires the intervention of a family law attorney. The party must properly end the first marriage before they can attempt to make the second union legal.
While the situation is stressful, knowing the legal landscape can help individuals protect their rights and their future.