Florida Statute 826.02 | Lawyer Caselaw & Research

Florida Statute 826.2 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 826
BIGAMY; INCEST

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F.S. 826.02

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

Arrestable Offenses / Crimes under Fla. Stat. 826.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

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