While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. Simply put, a bigamous marriage is one where at least one party has a prior, undissolved marriage at the time of the ceremony.
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.
While often confused, there is a distinct difference between bigamy and the practice of 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
The consequences of being involved in a bigamous marriage can be severe, ranging from criminal charges to the loss of civil rights.
Legal Prosecution: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Voiding the Union: 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 was finalized when, in reality, the paperwork was never processed bigamous marriage or signed by a judge.
Additionally, international marriages can complicate matters. 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.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.