Remarrying another person before your current marriage is legally dissolved through a divorce is unlawful and carries significant consequences. This act is known as bigamy.
Understanding Bigamy
Bigamy is the act of entering into a marriage with one person while still legally married to another. In the United States, committing bigamy is against the law in every state. Individuals who engage in bigamy can face both criminal charges and civil penalties.
Legal Consequences of Bigamy
The repercussions of bigamy are severe and can impact various aspects of an individual's life, from their freedom to their finances.
Criminal Penalties
Bigamy is typically classified as a felony in most states, though some may consider it a misdemeanor depending on the specific circumstances and state laws.
- Imprisonment: Those found guilty of bigamy can face time in state prison or county jail. The length of incarceration varies widely by state, often ranging from several months to several years.
- Fines: Significant fines are commonly imposed, which can amount to thousands of dollars.
- Criminal Record: A conviction for bigamy results in a permanent criminal record, which can affect future employment opportunities, housing, and other civil liberties.
Civil Penalties and Annulment
Beyond criminal charges, bigamy also has serious civil implications, primarily impacting the legality of the subsequent marriage.
- Void or Voidable Marriage: A bigamous marriage is typically considered void or voidable. This means the second marriage is legally invalid from its inception because one of the parties was already married.
- Void: Automatically invalid without any formal legal action.
- Voidable: Can be declared invalid by a court, usually upon the request of an interested party.
- Annulment: An annulment proceeding will be necessary to legally terminate the bigamous marriage. Unlike a divorce, which ends a valid marriage, an annulment declares that the marriage never legally existed.
- Financial Complications:
- Property Division: The parties in a bigamous marriage typically do not have the same rights to marital property as those in a valid marriage. Property acquired during the bigamous relationship may not be subject to equitable division laws.
- Alimony/Spousal Support: Alimony or spousal support is generally not awarded in an annulled bigamous marriage.
- Inheritance Rights: The "spouse" in the bigamous marriage would have no legal right to inherit from the bigamist's estate as a surviving spouse.
- Benefits: Rights to health insurance, pension benefits, or social security benefits based on the bigamous marriage would be invalid.
Summary of Consequences:
| Type of Consequence | Description | Impact |
|---|---|---|
| Criminal | Felony/Misdemeanor charges, fines, jail/prison time | Permanent criminal record, loss of freedom, financial burden |
| Civil | Second marriage declared void/annulled, no marital rights | No claim to property, spousal support, inheritance, or benefits |
Practical Complications
Aside from legal penalties, remarrying without a divorce can lead to a host of practical problems:
- Emotional Distress: The revelation of a bigamous marriage can cause significant emotional pain and distress for all parties involved, including the first spouse, the "new" spouse, and any children.
- Reputational Damage: Being charged with or convicted of bigamy can severely damage an individual's reputation in their community and professional life.
- Child Custody and Support: While the second marriage is invalid, any children born of that union would still be considered legitimate, and issues of child custody and support would need to be addressed in a family court.
- Legal Fees: Dealing with criminal charges and civil annulment proceedings can incur substantial legal fees, adding to the financial strain.
Why is a Divorce Necessary?
A divorce is the only legal process that formally ends a marriage, restoring both parties to the status of single individuals legally permitted to remarry. It involves legal proceedings to:
- Dissolve the marital bond.
- Divide marital assets and debts.
- Determine spousal support (alimony), if applicable.
- Establish child custody, visitation, and child support arrangements.
Attempting to bypass this crucial legal step by remarrying before a divorce is finalized creates complex and severe legal issues that far outweigh any perceived convenience.
