The legalities surrounding marriage are strict, and few violations are as significant as entering into a bigamous union. Technically, bigamy refers to the act of undergoing a marriage ceremony while a previous legal marriage remains valid and active.
Defining Bigamy in the Eyes of the Law
In most jurisdictions, the law is very clear: a person can only be party to one legal marriage at a time. When a bigamous marriage takes place, it is generally considered "void ab initio," which means it is treated as if it never legally existed from the very beginning.
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.
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.
Criminal Penalties: Bigamy is frequently prosecuted as a crime, potentially resulting in imprisonment.
Nullification of Marriage: A bigamous marriage offers no legal protection regarding assets or spousal support.
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
Surprisingly, bigamy is often the result of a misunderstanding rather than a criminal plot. A common scenario involves an individual assuming their prior marriage was dissolved, only to find out later that the legal process was incomplete.
Additionally, international marriages can complicate matters. Differing laws between nations can result in a marriage being valid in one place but bigamous in another.
Resolving a Bigamous Union
The resolution of a bigamous situation almost always requires the intervention of a family law attorney. The party must properly end the first marriage before they can bigamous marriage attempt to make the second union legal.
Understanding the gravity of a bigamous marriage is essential for anyone navigating the complexities of family law.