The legalities surrounding marriage are strict, and few violations are as significant as entering into a bigamous union. Simply put, a bigamous marriage is one where at least one party has a prior, undissolved marriage at the time of the ceremony.
The Legal Definition and Framework
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 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
The fallout of bigamy is often twofold: it involves both criminal penalties and complex civil litigation.
Legal Prosecution: Many states treat bigamy as a criminal offense that can lead to fines or even jail time.
Nullification of Marriage: As mentioned, the second marriage is usually void, meaning the "spouse" has no legal claim to inheritance, alimony, or joint property.
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. A common scenario involves an individual assuming their prior marriage was dissolved, only to find out later that the legal process was incomplete.
The complexity of international law also contributes to the frequency of bigamous marriages. If a foreign divorce is bigamous marriage not legally recognized in a person's current home, their new marriage could be deemed bigamous.
Resolving a Bigamous Union
Discovering a prior marriage is still active requires immediate action and professional legal advice. 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.