Bigamy is a term that many people associate with historical dramas or sensational news headlines, yet it remains a serious legal issue in the modern world. 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
Most legal systems operate under the principle of monogamy, meaning that a second marriage is legally impossible if the first hasn't been ended. Under the law, these secondary unions are typically viewed as null, providing no legal standing to the parties involved.
One should note the difference between a bigamous marriage 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 fallout of bigamy is often twofold: it involves both criminal penalties and complex civil litigation.
Criminal Penalties: 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: Children of a bigamous marriage may face unique legal challenges regarding inheritance and parental rights.
Common Causes and Misunderstandings
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 or signed by a judge.
The complexity of international law also contributes to the frequency of bigamous marriages. A divorce obtained in one country might not be recognized in another, leading a person to unknowingly enter into a bigamous marriage in a new jurisdiction.
Resolving a Bigamous Union
The resolution of a bigamous situation almost always requires the intervention of a family law attorney. bigamous marriage 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.
While the situation is stressful, knowing the legal landscape can help individuals protect their rights and their future.