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.
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. Because a person lacks the legal capacity to marry while already wed, the second marriage is usually void from its inception.
One should note the difference between a bigamous marriage 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
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to your financial stability.
Legal Prosecution: Bigamy is frequently prosecuted as a crime, potentially resulting in imprisonment.
Voiding the Union: Since the marriage is legally non-existent, the parties do not enjoy the standard benefits of a legal union.
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
While some cases involve deliberate fraud, many instances of bigamy occur due to simple mistakes. 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. If a foreign divorce is not legally recognized in a person's current home, their new marriage could be deemed bigamous.
Moving Forward Legally
If someone discovers they are in a bigamous marriage, the first step is usually bigamous marriage to seek legal counsel. 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.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.