Understanding Bigamy and Divorce in Florida
Table of Contents
- Introduction
- Definition of Bigamy
- Bigamy as a Crime in Florida
- Punishment for Bigamy in Florida
- Exceptions to Bigamy in Florida
- Reasonable Belief of Spouse's Death
- Voluntary Desertion and Absence
- Dissolved Bonds of Matrimony
- Invalid Judgment of Prior Marriage
- Legal Eligibility to Remarry
- Knowingly Marrying a Spouse of Another
- Prosecution of Bigamy in Florida
- Instances of Prosecuted Bigamy
- Future of Bigamy in Florida
- Impact of Bigamy on Divorce in Florida
- Void Marriage and Divorce Rights
- Unknowing Spouse's Rights
- Conclusion
Introduction
In the state of Florida, bigamy is not only considered a crime but also a factor that influences the divorce process. This article delves into the intricacies of bigamy law in Florida, discussing its definition, potential punishments, exceptions, and the impact it has on divorce proceedings. It also explores the prosecution of bigamy in Florida and examines the future of bigamy laws in the state.
Definition of Bigamy
Bigamy is the act of going through a marriage ceremony while already being married to another person. In Florida, it is prohibited by law, and those who engage in bigamy can face legal consequences.
Bigamy as a Crime in Florida
According to the Florida statutes, bigamy is explicitly classified as a crime. Under Section 826.01, anyone who has a living husband or wife and marries another person, except in specific cases, is deemed guilty of a third degree felony. The punishment for bigamy can include fines of up to $5,000 and imprisonment for a maximum of five years.
Punishment for Bigamy in Florida
The punishment for bigamy in Florida depends on the degree of the felony committed. As stated in Section 775.082 of the Florida statutes, bigamy is considered a third degree felony and carries the corresponding penalties. The severity of this punishment acts as a deterrent for individuals considering engaging in bigamous relationships.
Exceptions to Bigamy in Florida
Not all situations of multiple marriages are considered bigamy under Florida law. There are exceptions to the crime of bigamy that protect individuals from being classified as felons. These exceptions include:
Reasonable Belief of Spouse's Death
If a person reasonably believes that their prior spouse is dead, they may remarry without being guilty of bigamy. However, the belief must be deemed reasonable, and proof may be required to support this claim.
Voluntary Desertion and Absence
In cases where a prior spouse has voluntarily deserted the individual and remains absent for three continuous years, the party marrying again, unaware of the spouse's continued existence, is exempt from being charged with bigamy.
Dissolved Bonds of Matrimony
If the bonds of matrimony have been dissolved through legal means, such as divorce, individuals are eligible to enter into subsequent marriages without committing bigamy.
Invalid Judgment of Prior Marriage
In scenarios where a domestic or foreign court has entered an invalid judgment that purports to terminate the prior marriage, and the defendant is unaware of the judgment's invalidity, they may marry without being culpable of bigamy.
Legal Eligibility to Remarry
Individuals who reasonably believe they are legally eligible to remarry, either due to presumed divorce or death of their former spouse, are not considered guilty of bigamy if they enter into a subsequent marriage.
It is worth noting that the reasonableness of these beliefs is a crucial factor in determining whether a person qualifies for an exception to the crime of bigamy.
Knowingly Marrying a Spouse of Another
Under Section 826.03 of the Florida statutes, knowingly marrying the spouse of another person, while fully aware of the existing marriage, is a felony of the third degree. However, if the person marrying the bigamist has a reasonable belief in the invalidity of the prior marriage, they may be exempt from criminal charges.
Prosecution of Bigamy in Florida
Although bigamy is a crime in Florida, the prosecution of individuals involved in bigamous relationships can be complex. The police will typically investigate reported cases of bigamy, and the state's attorney will decide whether to file charges. However, it is important to note that bigamy cases are often dropped if the bigamous marriage occurred outside of Florida due to jurisdictional limitations.
Instances of Prosecuted Bigamy
While bigamy cases do get prosecuted in Florida, there have been instances where charges have been dropped. In 2017, a Florida man with two wives was charged with bigamy. However, the case was eventually dropped when both wives decided not to pursue charges against their mutual husband.
Future of Bigamy in Florida
As various foreign countries and cultures permit multiple spouses, there is ongoing debate about the legality and societal acceptance of bigamy. The show "Sister Wives" on TLC highlighted the lives of individuals involved in bigamous relationships and the legal challenges they face. Some argue that laws against bigamy may eventually be declared unconstitutional, given that marriage is considered a fundamental right by the U.S. Supreme Court.
Impact of Bigamy on Divorce in Florida
If an individual unknowingly marries a bigamist in Florida, the marriage is considered void. As a result, the concerned parties have no rights or responsibilities under Florida's divorce laws because they were never legally married.
However, if an unknowing spouse discovers that they have unknowingly married a bigamist and seeks to divide marital property or claim alimony, the Florida Supreme Court allows for the collection of alimony and the division of marital property, even when the marriage is void. In cases where a wife is an innocent victim of her husband's bigamy, the court may even award permanent alimony and attorneys fees based on equitable principles and Section 65.08 of the Florida Statutes (Burger v. Burger, 166 So.2d 433, 436 Florida, 1964).
Conclusion
In conclusion, bigamy is not only a crime but also a significant factor that can impact divorce proceedings in Florida. Understanding the definition, exceptions, and potential consequences of engaging in bigamy is crucial to navigate familial relationships within the boundaries of the law. It is important to consult with an experienced family lawyer in Florida if you believe you are in a bigamous relationship and wish to know your rights.
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