Navigating the Treacherous Waters of Bigamy: What Happens When You’re Already Married?
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Getting married is a momentous occasion, a legally binding contract between two individuals promising to share their lives. But what happens when someone already bound by such a contract attempts to enter into another? The short answer: bigamy. And the consequences can be severe, ranging from annulment of the subsequent marriage to criminal prosecution. Let’s delve deeper into this complex legal landscape.
Essentially, if you attempt to marry someone while you’re still legally married to another person, your second marriage is invalid. This is because the law recognizes only one legally binding marriage at a time. The act is considered a criminal offense in most jurisdictions, and the subsequent “marriage” holds no legal weight.
The Legality of Second Marriages
No state in the United States permits its citizens to enter into more than one concurrent, legally-licensed marriage. This stems from the fundamental principle that marriage is a monogamous contract. Attempting to secure a second marriage license while already married leads to prosecution for bigamy, a term sometimes confused with polygamy. While polygamy refers to the practice of having multiple spouses (often, a man with multiple wives), bigamy specifically refers to the act of entering a second marriage while the first is still valid.
The consequences of this action are multilayered. The second marriage is deemed void ab initio, meaning “from the beginning.” It’s as if it never happened in the eyes of the law. Furthermore, the individual who committed bigamy can face criminal charges, the severity of which depends on the state in which the offense occurred. This could mean fines, jail time, or even a felony conviction.
What Happens in Family Court
The family court treats a bigamous marriage as void and invalid. The court won’t charge bigamy as a crime, but rather, bigamy is as an allegation that supports a request for annulment. Therefore, the “second” spouse would need to take steps to have the illegal marriage annulled. This involves proving to the court that the other party was already married at the time of the ceremony.
Consequences of Bigamy
Bigamy is a criminal offense in most states, including California. Bigamy in California is prosecuted under Penal Code sections 281 to 283. Bigamy can be charged as either a misdemeanor or a felony punishable by up to one year in county jail or three years in state prison. It is illegal on a Federal level, meaning you can be prosecuted at the Federal level as well.
Financial Implications
The financial ramifications of bigamy can be equally devastating. For instance, if an individual dies without a will, trust, or prenuptial agreement, their legal spouse (from the first marriage) and any children from that marriage are the rightful heirs. The “second” spouse may not be entitled to any inheritance, although it would be prudent to consult with an attorney on this matter, since the circumstances of the relationship would dictate what options might be available to the “second spouse”.
Is Ignorance an Excuse?
Unintentionally committing bigamy is, unfortunately, not a defense that can be used. You have a responsibility to make sure the details of your marriage are legally recorded and correct. If you fail to, you are liable for your actions.
Frequently Asked Questions (FAQs) About Bigamy
Here are some common questions related to entering a second marriage while still legally married:
1. What is bigamy exactly?
Bigamy is the act of marrying someone while already legally married to another person. It’s illegal in all U.S. states.
2. Is bigamy a felony?
In California, bigamy is a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances. If it’s a felony, you are looking at considerable time in jail if found guilty.
3. Can a marriage be voided due to bigamy?
Yes. Family courts consider bigamous marriages void and invalid from the start, meaning they hold no legal standing.
4. Can I be married in two different states?
Yes, but only to the same person. You can’t have two different legal spouses in different states simultaneously.
5. What if I didn’t know my spouse was already married?
Even if you were unaware that your spouse was already married, the second marriage is still considered bigamous and void. Depending on the state and the specifics of the case, you might have legal recourse to sue for damages.
6. What evidence is needed to prove bigamy?
Proving bigamy usually involves presenting the original marriage certificate from the first marriage, along with evidence that the first marriage was never legally terminated (divorced or death certificate).
7. What happens to assets acquired during a bigamous marriage?
The disposition of assets acquired during a bigamous marriage can be complex. Generally, the legal spouse from the first marriage has a stronger claim to those assets. However, the second spouse might be able to claim some assets under certain circumstances, such as if they contributed to the accumulation of those assets.
8. Can I get married in another country if I am already married?
If polygamy is legal in another country, you might be able to get married there. However, the second marriage is unlikely to be recognized in the U.S. and you would still face potential charges of bigamy if you return.
9. What if my first spouse has been missing for years?
In many states, there is a presumption of death after a spouse has been missing for a certain number of years (typically 5-7 years). However, you must petition the court to have your first spouse declared legally dead before remarrying. Otherwise, you could still be charged with bigamy.
10. Does bigamy affect child custody or support?
Bigamy can impact child custody and support arrangements, especially if it demonstrates a lack of moral character on the part of the parent who committed the offense.
11. Is it hard to prove bigamy?
Proving bigamy can be relatively straightforward if you can obtain the first marriage certificate and demonstrate that the first marriage was never legally dissolved.
12. What is the difference between bigamy and polygamy?
Bigamy refers to the act of marrying someone while already legally married to another person. Polygamy refers to the practice of having multiple spouses simultaneously. While bigamy is illegal in the U.S., some religions or cultures may practice polygamy, although these unions are not legally recognized in most jurisdictions.
13. Can a second wife get husband’s Social Security?
If a spouse commits bigamy and passes away, the only spouse that may have legal claim to their Social Security is the original, legal spouse. If a divorce decree or death certificate exists, then the most recent legal spouse can collect Social Security benefits.
14. Is there an exception to bigamy law?
You are not guilty of bigamy if your first marriage has been pronounced void, annulled, or dissolved by the judgment of a competent court. You are also not guilty of bigamy if your first spouse has been absent for five (5) successive years, and during that time you have not known for a fact that s/he is still alive; 7 and.
15. How can I protect myself financially in a second marriage?
Consider drafting a prenuptial agreement before getting married. Prenuptial agreements can allow you to protect all of your assets while you enter into a new marriage.
Understanding the legal complexities surrounding bigamy is essential for anyone considering remarriage. Always ensure that any previous marriages have been legally terminated before entering into a new commitment. Failure to do so can lead to severe legal and financial consequences.
If you want to learn more about the social aspects of relationships and how they are learned and understood, consider exploring resources at the Games Learning Society, found at GamesLearningSociety.org.