Florida Statute 826.02 - Full Text and Legal Analysis

The 2025 Florida Statutes

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

Annotations, Discussions, Cases:

Cases Citing Statute 826.02

Total Results: 3

Del Valle v. State

80 So. 3d 999, 36 Fla. L. Weekly Supp. 732, 2011 Fla. LEXIS 2878, 2011 WL 6220783

Supreme Court of Florida | Filed: Dec 15, 2011 | Docket: 1935006

Cited 33 times | Published

insanity by clear and convincing evidence.”); § 826.02, Fla. Stat. (2011) (providing statutory affirmative

Rubin v. State

490 So. 2d 1001, 55 U.S.L.W. 2066

District Court of Appeal of Florida | Filed: Jun 17, 1986 | Docket: 1743170

Cited 10 times | Published

complete defense to illegal wiretap prosecution); § 826.02(4), Fla. Stat. (1985) (codification of rule that

Toro v. State

712 So. 2d 423, 1998 Fla. App. LEXIS 5939, 1998 WL 263821

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64781311

Published

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