Understanding Duos Uxores Eodem Tempore Habere Non Licet in Family Law

Definition & Meaning

The phrase "duos uxores eodem tempore habere non licet" translates to "it is not lawful to have two wives at the same time." This legal maxim emphasizes the principle that bigamy, or the act of marrying more than one person simultaneously, is prohibited in many legal systems, including the United States. This principle is rooted in the belief that marriage is a contract that should involve two parties only, ensuring legal clarity and social stability.

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Real-world examples

Here are a couple of examples of abatement:

1. A person who marries another individual while still legally married to their first spouse may face criminal charges for bigamy. This could lead to legal penalties, including fines or imprisonment.

2. In a hypothetical example, if a person were to enter into a second marriage without obtaining a divorce from their first spouse, the second marriage would be considered invalid under the law.

State-by-state differences

Examples of state differences (not exhaustive):

State Bigamy Law
California Bigamy is a felony, punishable by imprisonment.
Texas Bigamy is a third-degree felony, with serious penalties.
New York Bigamy is a misdemeanor, but can lead to significant legal consequences.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Difference
Bigamy Entering into a marriage while still legally married to another person. Specifically refers to the act of having two spouses simultaneously.
Polygamy Marriage to multiple spouses simultaneously. Broader term that includes bigamy and refers to multiple marriages.

What to do if this term applies to you

If you find yourself in a situation where you are considering a second marriage while still married, it is crucial to seek legal advice. Understanding your rights and obligations is essential. You can explore ready-to-use legal form templates through US Legal Forms to assist you in managing your legal matters effectively. If your situation is complex, consulting a legal professional is advisable.

Quick facts

  • Typical penalty for bigamy: Varies by state, from fines to imprisonment.
  • Jurisdiction: Family law courts handle cases related to bigamy.
  • Common legal consequences: Invalidity of the second marriage and potential criminal charges.

Key takeaways