Understanding the Hidden Realities of Bigamy
While it might seem like a concept from a bygone era, bigamous marriage is a very real legal complication that affects many individuals today. Simply put, a bigamous marriage is one where at least one party has a prior, undissolved marriage at the time of the ceremony.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.
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.
Consequences of a Bigamous Marriage
The fallout of bigamy is often twofold: it involves both criminal penalties and complex civil litigation.
Criminal Penalties: 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: While many modern laws protect the legitimacy of children born into such unions, the custody and support battles can become incredibly complicated.
How Bigamous Marriages Happen
While some cases involve deliberate fraud, many instances of bigamy occur due to simple mistakes. 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. Differing laws between nations can result in a marriage being valid bigamous marriage in one place but bigamous in another.
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.