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
Most legal systems operate under the principle of monogamy, meaning that a second marriage is legally impossible if the first hasn't been ended. Under the law, these secondary unions are typically viewed as null, providing no legal standing to the parties involved.
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.
Legal Prosecution: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Voiding the Union: As mentioned, the second marriage is usually void, meaning the "spouse" has no legal claim to inheritance, alimony, or joint property.
Impact on Children: Children of a bigamous marriage may face unique legal challenges regarding inheritance and parental rights.
Common Causes and Misunderstandings
Surprisingly, bigamy is often the result of a misunderstanding rather than a criminal plot. 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, bigamous marriage 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.
Moving Forward Legally
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.