Bigamy

When You Have More Than One Spouse

A form of polygamy, bigamy occurs when one person (man or woman) has more than one “legal” spouse at the same time. In truth, only the first marriage would be considered legal, automatically voiding any subsequent unions.

Technically, bigamy and polygamy are essentially the same things. However most practicing polygamists include all the spouses in the same family unit while a true bigamist often hides the other relationships from the respective spouses.

This can often mean that the bigamist maintains more than one household, sometimes even in different cities so that each spouse is unaware of the others.

In addition to violating various religious doctrines, bigamy is considered a crime in all 50 states. The punishment for bigamy varies, with many states treating bigamy as a misdemeanor, punishable by a fine. Other states however treat bigamy as a felony and if convicted, the perpetrators could face prison time.

Most states requires that the perpertrator be aware of the bigamous relationship prior to entering into a subsequent marriage in order to be found guilty and the complaining party must also be unaware that the prior marriage exists in order to claim damages. If proved, bigamy is a compensable crime and the innocent spouse could civilly sue for emotional distress and mental anguish.

In addition, if the bigamous relationship was done with the intent to secure property or assets from the innocent spouse, the bigamist could also face charges of criminal fraud.

The United States also recognizes legal marriages in other countries so any subsequent marriage in the States would also be considered bigamy if the first marriage was still legally intact.

Multiple marriage is not a crime if each marriage has been legally dissolved through divorce or annulment prior to entering into another union.

Related Article: Polygamy, Bigamy and Adultery – What’s the Difference?

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3 Comments

  1. Colleen Myers
    Posted February 21, 2010 at 8:24 pm | Permalink

    I was married to the same man for 18years. He had two affairs that I knew of. The second one he left myself and our 2 children behind and started a new life with the other woman. This other women knew of myself and of my children. My husband and I never field for a divorce.I had heard from a friend of his that they had gotten married.I’ve been trying for years to find out how I can get them for Bigamy, Can you please help me?

  2. Sandra Bass
    Posted August 6, 2010 at 11:39 am | Permalink

    The new woman, who knew of your marriage, and your still husband are BOTH facing bigamy charges. Bigamy is considered a 3rd degree felony and punishable by jail time. Each state’s term of prison is different but the federal law mandates a maximum of 5 years. But that is not to say that a judge cannot impose an even longer sentence. Fines may also be ADDED to the sentence but not in place of. The only people that can prosecute your husband is the State Attorneys office wherever you reside. You will need to go to your local police department’s criminal investigation unit and fill out paperwork stating all the info you know and they will find everything out and get back to you. Or…..if you really want to solve it quick, just call your local news team—they LOVE bigamy cases and he and she will instantly be all over the news! But to do this, you must first be sure that they are in fact married. But yes, they will BOTH end up serving jail time.

  3. Jennifer
    Posted August 28, 2010 at 12:15 pm | Permalink

    get over it… it’s been years!!! getting them in trouble will do what at this point?! that’s your jealous rage speaking. you want to hurt them because they hurt you, obviously, but how about instead just filing for a divorce from a man who obviously doesn’t want you? are you holding on to some sort of hope?

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