Full question:
I have been married to my wife for over five years and have a son together. Lately, I found out that she hadn’t divorced her previous husband, making’ our marriage a bigamous one. Will this affect the legitimacy of our son in Indiana?
- Category: Marriage
- Date:
- State: Indiana
Answer:
No. In Indiana, the children born of bigamous relationship shall be treated as legitimate children. It means that they have the same status as of children born of legitimate marriages provided they conceived before the discovery that the either of the spouse has a living husband or wife.This is stated in Burns Ind. Code Ann. § 31-13-1-2 which reads:
“If:
(1) a marriage is void because either of the parties to the marriage has a living husband or wife; and
(2) either of the parties to the marriage did not reasonably believe that either of the parties had a living husband or wife;
the children of the marriage shall be treated as if the children are children of a marriage that is not void if the children were conceived before the discovery that a party to the marriage had a living husband or wife.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
