While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. By definition, a bigamous marriage occurs when a person enters into a new marriage while still being legally married to someone else.
Defining Bigamy in the Eyes of the Law
Most legal systems operate under the principle of monogamy, meaning that a second marriage is legally impossible if the first hasn't been ended. 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.
Consequences of a Bigamous Marriage
The fallout of bigamy is often twofold: it involves both criminal penalties and complex civil litigation.
Criminal Penalties: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Voiding the Union: A bigamous marriage offers no legal protection regarding bigamous marriage assets or spousal support.
Effects on Offspring: While many modern laws protect the legitimacy of children born into such unions, the custody and support battles can become incredibly complicated.
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 a person's current home, 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. One must clear the legal hurdles of the first marriage before the second can ever be recognized by the state.
While the situation is stressful, knowing the legal landscape can help individuals protect their rights and their future.