While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. 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
The legal framework for marriage relies on the dissolution of prior unions before new ones can be formed. 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.
The Legal and Personal Fallout
The consequences of being involved in a bigamous marriage can be severe, ranging from criminal charges to the loss of civil rights.
Legal Prosecution: In many regions, bigamy is classified as a felony or a serious misdemeanor.
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: The legal status of children in these situations requires careful navigation of family court.
Common Causes and Misunderstandings
Surprisingly, bigamy is often the result of a misunderstanding rather than a criminal plot. 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. Differing laws between nations can result bigamous marriage in a marriage being valid in one place but bigamous in another.
Resolving a Bigamous Union
If someone discovers they are in a bigamous marriage, the first step is usually to seek legal counsel. One must clear the legal hurdles of the first marriage before the second can ever be recognized by the state.
Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.