While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. Technically, bigamy refers to the act of undergoing a marriage ceremony while a previous legal marriage remains valid and active.
The Legal Definition and Framework
In most jurisdictions, the law is very clear: a person can only be party to one legal marriage at a time. 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: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Nullification of Marriage: 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.
How Bigamous Marriages Happen
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. A divorce obtained in one country might not be recognized in another, leading a person to unknowingly enter into bigamous marriage a bigamous marriage in a new jurisdiction.
Moving Forward Legally
Discovering a prior marriage is still active requires immediate action and professional legal advice. To rectify the situation, the original marriage must be legally dissolved through divorce or annulment before the second marriage can be "revalidated" or performed again legally.
While the situation is stressful, knowing the legal landscape can help individuals protect their rights and their future.