Florida Statute 826.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 826
BIGAMY; INCEST

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826.02 Exceptions.—The provisions of s. 826.01 shall not extend to any person:

(1) Who reasonably believes that the prior spouse is dead.

(2) Whose prior spouse has voluntarily deserted him or her and remained absent for the space of 3 years continuously, the party marrying again not knowing the other to be living within that time.

(3) Whose bonds of matrimony have been dissolved.

(4) Who violates its provisions because a domestic or foreign court has entered an invalid judgment purporting to terminate or annul the prior marriage and the defendant does not know that judgment to be invalid.

(5) Who reasonably believes that he or she is legally eligible to remarry.

History.—s. 5, sub-ch. 8, ch. 1637, 1868; RS 2604; s. 1, ch. 4963, 1901; GS 3527; RGS 5417; CGL 7560; s. 1, ch. 73-300; s. 45, ch. 74-383; s. 1280, ch. 97-102.

Note.—Former s. 799.02.

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Amendments to 826.02

Annotations, Discussions, Cases:

Cases Citing Statute 826.02

Total Results: 3 | Sort by: Relevance | Newest First

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Del Valle v. State, 80 So. 3d 999 (Fla. 2011).

Cited 33 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 732, 2011 Fla. LEXIS 2878, 2011 WL 6220783

...ncludes the ability to place on a defendant a clear and convincing burden when attempting to prove that defense. See § 775.027, Fla. Stat. (2011) ("The defendant has the burden of proving the defense of insanity by clear and convincing evidence."); § 826.02, Fla....

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Rubin v. State, 490 So. 2d 1001 (Fla. 3d DCA 1986).

Cited 10 times | Published | Florida 3rd District Court of Appeal | 55 U.S.L.W. 2066

...1092, 89 L.Ed.2d 271 (1986) (good faith reliance on warrant); Wright v. State of Florida, 495 F.2d 1086 (5th Cir.1974) (good faith reliance on wiretap order); § 934.10, Fla. Stat. (1985) (codification of rule that good faith reliance on court order is complete defense to illegal wiretap prosecution); § 826.02(4), Fla....

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Toro v. State, 712 So. 2d 423 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 5939, 1998 WL 263821

exceptions2 to the bigamy statute, particularly section .826.02(2), Florida Statutes, (1993). The testimony