Bigamy is the act of marrying someone while already being legally married to another person. In the eyes of the law, the second marriage is considered void and can be annulled, meaning it has no legal effect. The first marriage remains intact. A person who knowingly engages in bigamy may face criminal charges, although such cases are rarely prosecuted unless they involve fraud or other serious crimes.
Bigamy is primarily addressed in criminal law and family law. It is relevant in cases involving marriage validity, divorce proceedings, and annulments. Individuals who discover they are married to a bigamist may seek to have the marriage annulled and can potentially pursue criminal charges against the bigamist. Legal forms related to annulment and divorce can be found through services like US Legal Forms.
Here are a couple of examples of abatement:
Example 1: A person marries someone while still married to their first spouse, without any legal separation or annulment. This second marriage is considered bigamous and void.
Example 2: A person believes their spouse is deceased and remarries, only to discover later that their spouse is alive. This situation could lead to a bigamy charge if the first marriage was not legally dissolved. (hypothetical example)
In the United States, laws regarding bigamy vary by state. Generally, bigamy is addressed under state criminal codes. For example, Alabama law defines bigamy as contracting a marriage while having a living spouse and outlines conditions under which an individual may not be charged with bigamy.
| State | Bigamy Definition | Punishment |
|---|---|---|
| Alabama | Contracting a marriage while having a living spouse. | Class C felony. |
| California | Marrying another person while still married. | Up to one year in jail. |
| Texas | Entering into a marriage with someone else while still married. | Felony charges with significant fines. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Bigamy | Marrying someone while already married. | Involves two marriages at the same time. |
| Polygamy | Being married to multiple spouses simultaneously. | Includes marriages beyond two parties. |
| Annulment | A legal decree that a marriage is void. | Refers to the legal process of declaring a marriage invalid. |
If you suspect you are involved in a bigamous situation, it is crucial to seek legal advice. You may need to file for annulment of the bigamous marriage and possibly pursue criminal charges against the bigamist. US Legal Forms offers various legal templates that can help you navigate this process, but consulting with a legal professional is advisable for complex matters.
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Bigamy is the act of marrying someone while already being legally married to another person.