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
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. 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 fallout of bigamy is often twofold: it involves both criminal penalties and complex civil litigation.
Legal Prosecution: In many regions, bigamy is classified as a felony or a serious misdemeanor.
Nullification of Marriage: Since the marriage is legally non-existent, the parties do not enjoy the standard benefits of a legal union.
Impact on Children: Children of a bigamous marriage may face unique legal challenges regarding inheritance and parental rights.
How Bigamous Marriages Happen
Not every bigamous marriage is a result of intentional deception. 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, 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.
Resolving a Bigamous Union
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 bigamous marriage 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.