Is bigamy legal in Florida? For some people, the tie in just one wedding is not sufficient. Some individuals prefer getting married more than one time. Once you match more than one individual, this idea is mentioned as bigamy and is often frowned upon.
This act is unlawful in Florida, as well as all 49 other states in the U.S. some nations around the world consider the act of bigamy lawful, but it is not legal in the U.S.
Further, bigamy being illegal can also be a cause to end your connection or file for divorce in Florida. If you are tangled in a bigamous association, here are some rare things you should know.
What the Law Says About Bigamy
Under Florida Statute Section 826.01, the act of bigamy is considered to occur when any men or women have more than one husband or wife at once. It is a third-degree felony in which the punishment could include a fine of up to $5,000. If found embarrassed, you may also be sentenced to up to four to five years.
In other situations, the partner can also be charged with an illegal act if they already know that the individual they are getting married to is already married. The course of punishment or the level of penalty will be dissimilar in different states. In some states, the range of liability is typically six months to ten years of custody. The acceptable amount might range from $500 to a maximum of $100,000.
Although some cases of bigamy may take place on determination, numerous times, it does not. It might occur unintentionally when your separation is not confirmed due to technical matters. In the U.S., if your partner has gone anywhere and they have not communicated with you for five years, you are officially allowed to get into another marriage association with an alternative spouse.
What the Florida Law Says
Under the Florida, Statute, bigamy occurs when an individual simultaneously has one or more husbands or companions. It is a third-degree offense, punishable by a $5,000 fine and up to five years in jail. In some states, the other partner could also be charged with corruption if they marry an individual knowing they were previously married.
The penalty ranges widely—disadvantages of this crime range from six months to 11 years in jail. Fines may range from $500 to $100,000. Bigamy is hardly ever done on motive. It is frequently unintentional, such as when divorce is not confirmed because of a technicality.
There have also been situations where an earlier partner is alive after being supposedly dead. In the United States, if an individual does not hear from their partner in five to seven years, remarriage is not measured as bigamous under the rule.
Under Florida law, a marital in which one spouse is already married is considered void. Although there is no influence on the first marriage, the second wedding is illegal. In this case, a partner must file a cancellation instead of a divorce to end the second marriage.
It is because separations are reserved for valid marriages, and bigamous marriages are not lawful. An annulment is dissimilar from a break-in in numerous ways. It is a decree that states that the wedding is unlawful and consequently null and void. It makes it so the marriage does not ever take place. It means that no alimony is available. Different separations, assets, and debts are not distributed similarly.
If offspring were born throughout the marriage, they might be deemed unlawful. A paternity test would be required to approve whether or not the husband is, in fact, the children’s dad. A child born in an invalid wedding cannot be supposed to be the partner’s child.
Once fatherhood is recognized, the court will determine numerous elements such as child support and care. The justice may be tasked with generating a parenting plan and timesharing schedule. Although bigamy is a crime, it is infrequently prosecuted. The exclusion would be if the wedding were entered into to commit fraud or another crime.
Seek legal help: Is bigamy legal in Florida?
If your partner has multiple partners, they could face illegal charges. Such a condition can ruin a marriage, as not many individuals want to share their husband or wife with others. Your wedding could be fraudulent, so you need legal information.
How Does Bigamy Affect A Divorce in Florida?
Suppose you wed a bigamist in Florida. You’re not married. Subsequently, you can declare your marriage void. It means you have no rights or tasks under the Florida parting because you were never married in the first place.
Since the second and other weddings of a bigamist or polygamist are unacceptable, this removes all rights to have enough money for the wife or husband in these relationships. Though there is no necessity to annul or dissolve the marriage, there are no other rights, such as spousal or child support.
How is Bigamy Different from Polygamy?
Bigamy and polygamy are frequently used but are not the same. Bigamy happens when one individual marries a being without officially ending the earlier wedding.
Bigamy is commonly kept secret; the partners do not know about each other or willingly enter the marriage. Polygamy also includes multiple partners. Though, polygamy is not a secret. Everybody involved distinguishes between it, and the wives first live together.
Defenses to Bigamy
Although bigamy is unlawful in all 50 states, it is infrequently punished. To stop bigamy from happening, those wedded before should order a copy of their separation decree to ensure they are separated in detail. It can prevent embarrassment in the upcoming.
If you sensibly supposed that your wedding had been lawfully over due to separation, annulment, or death, but a technicality or some error caused you to be still married, then the state will probably apologize for the condition and not charge you with bigamy.
You would have to demonstrate that you had no interaction with your partner for a significant period—five years or lengthier. At this point, it is reasonable to trust that your partner has expired.
Read also: Bigamy laws in Texas ; History of polygamy in the US
External resource: state.fl.us
This post is also available in:
English 
Español (Spanish)
