Bigamy and the State of Florida
In the state of Florida and pursuant to Florida Statute §826.01, it is illegal to have more than one husband or wife at the same time. Bigamy, which by definition is knowingly marrying a second person while already being married to another, is a third-degree felony punishable by a $5,000 fine and up to five years in prison.
What’s the difference between bigamy and polygamy?
While often used interchangeably, bigamy and polygamy are different in an important way.
Bigamy refers to situations in which an individual is legally married to more than one partner, and generally, the bigamous relationship is kept secret. The two marital spouses are not aware of the other spouse when they get married.
Polygamy, on the other hand, also involves being married to more than one spouse; however, the relationship is not secretive. The spouses openly know about each other, and in some cases, they even share the same household.
Bigamy and the Law
Bigamy is illegal in Florida. While it may not always be intentional, for example, if your spouse didn’t realize that his or her previous divorce wasn’t finalized, it is a serious family law issue.
We’ve seen cases of marriage fraud in our practice, and it not only leads to an emotionally trying time for the spouse, it also comes with important financial implications during the divorce proceedings.
Because a bigamous marriage is based on fraud, it may not be considered valid in the eyes of the law, and this can lead to issues affecting spousal support, division of marital property, and other outcomes during a divorce. If there were a previous spouse, your marriage would be considered invalid and you would not be entitled to anything from your partner.
Bigamous marriages are grounds for an annulment and legal action should be pursued. At the Vasquez de Lara Law Group, we can help you understand your rights when it comes to important family law issues like bigamy and divorce. Contact us to schedule a confidential case evaluations to discuss your specific situation.
About the Author
Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.
A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.
Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.
Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.
Connect with Vanessa:
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