bigamy
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bigamy
(bĭ`gəmē), crime of marrying during the continuance of a lawful marriage. Bigamy is not committed if a prior marriage has been terminated by a divorcedivorce,partial or total dissolution of a marriage by the judgment of a court. Partial dissolution is a divorce "from bed and board," a decree of judicial separation, leaving the parties officially married while forbidding cohabitation.
..... Click the link for more information. or a decree of nullity of marriagenullity of marriage,
in law, an unlawful marriage that is either void or voidable because of conditions existing at the time of the marriage. A bigamous or incestuous marriage, for example, is void, and there is no need to bring a suit to obtain a decree declaring it void.
..... Click the link for more information. . In the United States if a husband or wife is absent and unheard of for seven (or in some states five) years and not known to be alive, he or she is presumed dead, and remarriage by the other spouse is not bigamous. It is not necessarily a defense to a charge of bigamy that the offending party believed in good faith that he was divorced or that his previous marriage was not lawful.
The U.S. Supreme Court ruled in 1878 that plurality of wives (polygamy), as originally permitted by the Mormon religion, violated criminal law and was not defensible as an exercise of religious liberty. The Latter-day Saints renounced polygamy in 1890, but the practice has persisted among some, although it has been rarely prosecuted.
Bigamy
and polygamy, in Soviet criminal law, cohabitation of a man with two or several women, provided that the man establishes a household separately with each of the women or simultaneously with all of them. In either case it is insignificant whether the marriages with these women have been registered. It is sufficient to establish the facts of cohabitation and keeping house together.
The social danger of bigamy is that it hinders the actual emancipation of women and violates the principle of monogamy. The law provides for punitive measures of deprivation of freedom for up to one year or correctional tasks for the same term (see, for example, the Criminal Code of the RSFSR, arts. 235–36). Criminal responsibility for bigamy and polygamy is provided for by the legislation of the Azerbaijan, Armenian, Georgian, Kirghiz, Tadzhik, Turkmen, and Uzbek Soviet socialist republics and in the RSFSR in several autonomous Soviet socialist republics and national okrugs (the Bashkir, Buriat, Dagestan, Kabarda-Balkar, and Tatar autonomous Soviet socialist republics, Adygei and Gorno-Altai autonomous oblasts, and Aga-Buriat, Komi-Permiak, and Koriak national okrugs)—that is, where the vestiges of a tribal way of life have not been completely eradicated.
Bigamy and polygamy should be distinguished from illegal registration of marriage with two or several women. The legislation of all the union republics prohibits the registration of a marriage without the dissolution of a previous marriage. Failure to comply with this legislation constitutes a special form of crime (for example, the Criminal Code of the RSFSR, art. 201).
V. I. TEREBILOV