Exploring the Legal Realities of Bigamy

The legalities surrounding marriage are strict, and few violations are as significant as entering into a bigamous union. By definition, a bigamous marriage occurs when a person enters into a new marriage while still being legally married to someone else.

The Legal Definition and Framework
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.

It is important to distinguish between bigamy and polygamy. Polygamy usually refers to a lifestyle or social structure, while bigamy is a legal term for the crime of entering a second marriage illegally.

The Legal and Personal Fallout
Entering into a bigamous union carries heavy weight, impacting everything from your criminal record to your financial stability.

Legal Prosecution: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.

Voiding the Union: As mentioned, the second marriage is usually void, meaning the "spouse" has no legal claim to inheritance, alimony, or joint property.

Effects on Offspring: The legal status of children in these situations requires careful navigation of family court.

How Bigamous Marriages Happen
While some cases involve deliberate fraud, many instances of bigamy occur due bigamous marriage to simple mistakes. In many cases, a spouse mistakenly believes a long-term separation is equivalent to a legal divorce.

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.

Moving Forward Legally
The resolution of a bigamous situation almost always requires the intervention of a family law attorney. 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.

Navigating the fallout of bigamy is difficult, but understanding the legal definitions is the first step toward a resolution.