Navigating the Legal Realities of Bigamy

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.

The Legal Definition and Framework
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. 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
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to bigamous marriage your financial stability.

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 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. A common scenario involves an individual assuming their prior marriage was dissolved, only to find out later that the legal process was incomplete.

The complexity of international law also contributes to the frequency of bigamous marriages. 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. The party must properly end the first marriage before they can attempt to make the second union legal.

Understanding the gravity of a bigamous marriage is essential for anyone navigating the complexities of family law.