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.
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.
It is important to distinguish between bigamy 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.
Impact on Children: While many modern laws protect the legitimacy of children born into such unions, the custody and support battles can become incredibly complicated.
Common Causes and Misunderstandings
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.
The complexity of international law also contributes to the frequency of bigamous marriages. Differing laws between nations can result in a marriage being valid in one place but bigamous in another.
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 bigamous marriage 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.