Bigamy: I Just Found Out My Husband Has Another Family

 Posted on May 29, 2019 in Family Law

Few things in life are as shocking, upsetting, and heart-wrenching as discovering that your husband has another wife or entire family. In either case, not only do you have grounds for divorce, but you also may be in a position to sue for civil damages, recover a substantially larger portion of the marital property, or even press criminal charges against the bigamist.

What Is Bigamy?

Bigamy, also referred to as polygamy, is the act of marrying another person while already married to someone else. It is illegal in Illinois and is punishable as a Class 4 felony. Unfortunately, 17 percent of Americans now believe that bigamy is morally acceptable—10 percent higher than in 2001 when Gallup began keeping track of this data. While many Americans have warmed to the idea that bigamy is okay for society, the facts show otherwise. Bigamy has negative consequences for children, society at large, and the wives of the bigamist. Bigamy is almost always committed by men.

Is My Marriage Even Valid?

If you found out that your husband has another wife, the first step is to determine which marriage came first, because the second marriage is illegitimate. As such, divorce is not necessary. Issues such as child custody and child support will need to be settled in the courts by a family law attorney, however. Furthermore, division of assets and alimony are not treated the same because the marriage never existed. The victimized spouse, in this case, can pursue compensation in a civil lawsuit.

My Marriage Was the First, and Therefore Legitimate, Marriage. Now What?

Because your husband broke the law, lied to you, spent your marital property on another wife or family, and spent time away from your children carrying out an illegal and immoral act, there is plenty of factual evidence to use against him in divorce proceedings. This evidence can be used to limit his custody or visitation, as well as to increase your split of the marital assets.

Contact a Hinsdale Divorce Attorney

Bigamy is a horrendous act that tears apart families and ruins lives. Children are often the greatest victims of bigamy. At the Law Office of Martoccio & Martoccio, our dedicated DuPage County divorce attorneys aggressively fight for your best interests as a victim of bigamy. Let us help you achieve sole custody and maximize property division, alimony, and child support for you. Call us at 630-920-8855 to schedule a free consultation today.

Sources:

https://www.huffpost.com/entry/polygamy-moral-acceptance_n_597f6976e4b02a8434b83e4f

https://slate.com/human-interest/2012/01/the-problem-with-polygamy.html