The legalities surrounding marriage are strict, and few violations are as significant as entering into a bigamous union. 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. 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. Polygamy usually refers to a lifestyle or social structure, while bigamy is a legal term for the crime of entering a second marriage illegally.
The Legal and Personal Fallout
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to your financial stability.
Criminal Penalties: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Nullification of Marriage: Since the marriage is legally non-existent, the parties do not enjoy the standard benefits of a legal union.
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
While some cases involve deliberate fraud, many instances of bigamy occur due to simple mistakes. For example, a person might genuinely believe their previous divorce bigamous marriage was finalized when, in reality, the paperwork was never processed or signed by a judge.
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.
Moving Forward Legally
If someone discovers they are in a bigamous marriage, the first step is usually to seek legal counsel. 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.