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Marriage during existence of former marriage - 23 Pa. Cons. Stat. § 1702Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 1702. Marriage during existence of former marriage.
(a) General rule.--If a married person, during the lifetime
of the other person with whom the marriage is in force, enters
into a subsequent marriage pursuant to the requirements of this
part and the parties to the marriage live together thereafter as
husband and wife, and the subsequent marriage was entered into
by one or both of the parties in good faith in the full belief
that the former spouse was dead or that the former marriage has
been annulled or terminated by a divorce, or without knowledge
of the former marriage, they shall, after the impediment to
their marriage has been removed by the death of the other party
to the former marriage or by annulment or divorce, if they
continue to live together as husband and wife in good faith on
the part of one of them, be held to have been legally married
from and immediately after the date of death or the date of the
decree of annulment or divorce.
(b) False rumor of death of spouse.--Where a remarriage has
occurred upon false rumor of the death of a former spouse in
appearance well-founded but there has been no decree of presumed
death, the remarriage shall be void and subject to annulment by
either party to the remarriage as provided by section 3304
(relating to grounds for annulment of void marriages), and the
returning spouse shall have cause for divorce as provided in
section 3301 (relating to grounds for divorce).
(c) Criminal penalties.--Where the remarriage was entered
into in good faith, neither party to the remarriage shall be
subject to criminal prosecution for bigamy.
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Last modified: November 27, 2007 |