Will my son's legitimacy be affected by my bigamous marriage in Indiana?

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, children born from a bigamous marriage are treated as legitimate. This means they have the same status as children born from valid marriages, as long as they were conceived before discovering that one spouse had a living husband or wife. This is outlined in Burns Ind. Code Ann. § 31-13-1-2, which states that if a marriage is void due to one party having a living spouse, and if the parties did not reasonably believe this to be the case, the children are considered legitimate if conceived before the discovery of the other spouse's existence.

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.

FAQs

Divorce rates can vary, but studies indicate that approximately 20% to 25% of couples divorce within the first five years of marriage. Factors such as age, education, and socioeconomic status can influence these rates. It's important to remember that every marriage is unique, and statistics may not reflect individual circumstances.