Bigamy remains a significant legal issue in New York, with severe consequences for those who engage in multiple marriages without obtaining a proper dissolution of the prior union. In a recent publication from The Law Office of Ryan Besinque (https://www.besinquelaw.com/what-is-bigamy/), New York City family law attorney Ryan Besinque provides a detailed breakdown of what constitutes bigamy, how it differs from other forms of marriage, and the legal implications of being involved in such relationships.
As a New York City family law attorney, Ryan Besinque outlines that bigamy is the act of marrying a second person while still legally married to another. It is considered a criminal offense under New York law, classified as a class E felony. According to Besinque, the law does not view bigamy as an ongoing crime; rather, it is seen as complete at the time of the bigamous marriage ceremony. This distinction has critical consequences, especially regarding the statute of limitations for prosecution.
The Law Office of Ryan Besinque emphasizes the importance of understanding the legal framework surrounding bigamy. The office notes that in New York, there is a five-year statute of limitations to bring criminal charges for bigamy, starting from the date of the marriage ceremony. For individuals impacted by bigamous relationships, civil options such as seeking a declaration of nullity remain available without time constraints. The consequences of bigamy extend beyond criminal charges, potentially affecting inheritance rights, child custody, and financial obligations. As a New York City family law attorney, Ryan Besinque underscores the need for individuals to be aware of these implications before entering new marriages.
Ryan Besinque discusses various reasons why bigamy is prohibited under New York law. From protecting the sanctity of marriage and promoting gender equality to avoiding fraud and social instability, the rationale for outlawing bigamy is multifaceted. He notes that engaging in bigamy can create legal confusion, particularly in areas such as child custody and spousal support. Additionally, cases of bigamy may involve deception, where one spouse is unaware of the other’s prior marriage, leading to emotional and financial harm.
“Bigamy undermines the integrity of marriage and creates a web of legal, social, and emotional issues,” Ryan Besinque explains in the article.
Understanding the difference between bigamy, polygamy, and monogamy is crucial for legal clarity. Bigamy involves marrying more than one person without legally ending the first marriage, while polygamy typically includes consent from all parties and is practiced in some cultures or religions. Monogamy, by contrast, remains the only legally recognized form of marriage in New York.
New York City family law attorney Ryan Besinque also addresses the legal consequences of bigamy in detail. Beyond imprisonment and fines, being found guilty of bigamy can lead to complications with property rights, legal guardianship, and financial arrangements. In cases where common-law marriages are recognized in another jurisdiction, those relationships can further complicate matters if individuals move to or marry within New York.
The article also explores the motivations behind bigamous relationships. Religious beliefs, cultural practices, emotional factors, and misunderstandings can all play a role. Ryan Besinque notes that while these reasons may be understandable, they do not exempt individuals from following the law. Legal consequences apply regardless of personal intent if the proper steps, such as securing an annulment or divorce, are not taken.
Detection of bigamy typically involves a careful review of marriage records, tax filings, insurance documents, and social media posts. Law enforcement and legal professionals work together to investigate claims, collecting evidence such as marriage certificates, financial records, and witness testimonies. According to Ryan Besinque, establishing proof of bigamy depends on presenting valid, admissible evidence in court.
In terms of defense strategies, Ryan Besinque outlines that individuals accused of bigamy may argue lack of intent or knowledge, mistaken identity, or errors in documentation. Each of these defenses requires strong supporting evidence and a clear presentation in court. A thorough legal defense can sometimes reduce or dismiss charges based on these factors.
Avoiding bigamy charges begins with proper legal counseling. Ryan Besinque recommends that anyone planning to marry or divorce should first consult with a qualified attorney to ensure compliance with state laws. Maintaining clear documentation and updating records are also critical steps in safeguarding against accidental violations of marriage laws.
Anyone facing a situation involving bigamy should take immediate steps to understand their legal position. Speaking with a knowledgeable family law attorney helps clarify options and navigate the next steps, whether the issue involves criminal defense or civil remedies like annulment or property division. At The Law Office of Ryan Besinque, the team provides personalized guidance to those confronted with these challenges.
Ryan Besinque's in-depth explanation offers valuable insight into a topic that, while not often publicly discussed, carries real-world legal and emotional implications. Staying informed and taking proactive measures can prevent costly legal outcomes and support the fair treatment of all parties involved.
For those seeking clarity about the legal dimensions of bigamy in New York, contacting The Law Office of Ryan Besinque is a productive first step. The firm offers legal support designed to uphold the law while addressing the personal concerns that often accompany family law matters.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is based in Manhattan and focuses on family law matters, including divorce, child custody, and legal separation. The team is committed to offering tailored legal advice that aligns with New York law and prioritizes the rights and well-being of each client. Led by Ryan Besinque, the firm works to deliver reliable solutions in even the most challenging legal circumstances.
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