Bigamy in California refers to the act of entering a new marriage or registered domestic partnership while a prior marriage is still legally in effect. Under state law, this conduct violates the structure and exclusivity of marriage, and a California lawyer handling such matters would understand that the rule applies even if the earlier spouse lives elsewhere or the later marriage occurred outside the state.
It is important to note that California treats bigamy as both a criminal offense and a disruption of the legal certainty that marriage is meant to provide. Because a bigamous marriage is considered void from the outset, it can influence several grounds for divorce in California, even though the state follows a no-fault divorce system.
While a spouse does not need to prove wrongdoing to end a marriage, bigamy can still shape outcomes involving property rights, support, or the choice between divorce and annulment. A California lawyer may advise pursuing an annulment, since the second marriage never had legal validity, and may also examine whether one spouse entered the relationship believing it was lawful.
Bigamy also conflicts with the marital duties and obligations that California law expects spouses to uphold, including loyalty, mutual respect, and shared financial responsibility. Entering a second marriage while still bound to a first undermines these obligations and can create significant legal and personal consequences.
Individuals who suspect bigamy or face accusations are encouraged to set up a lawyer consultation with a California lawyer to better understand their rights, potential defenses, and the broader impact of bigamy on family law issues.
What Is the Status of Bigamy Today?
Bigamy in California in 2026 remains illegal and is treated as a criminal offense under state law. The state continues to recognize only one valid marriage at a time, and entering a second marriage while still legally married is considered a violation of public policy.
Although California does not recognize polygamy, the issue still arises in cases where someone attempts to marry again without first dissolving a prior union. When this happens, the second marriage is automatically void, and the legal system views it as if it never existed.
Because a bigamous marriage has no legal standing, the appropriate remedy is often an annulment, not a divorce. An annulment formally declares that the marriage was never valid, which can affect property rights, spousal support, and other family law issues.
Courts may also examine whether one spouse entered the relationship believing it was legitimate, which can influence certain protections. Overall, California’s stance in 2026 continues to reinforce the principle that marriage is a singular legal commitment, and any attempt to create overlapping unions, whether intentional or not, triggers significant legal consequences.
What Are Examples of Cases That Are Not Bigamous?
Situations that are not considered bigamous are those in which a person is legally free to marry because no valid prior marriage is still in effect. Once again, California law focuses on whether a previous marriage is legally dissolved, void, or never existed in the first place, so if someone enters a new marriage under circumstances where the earlier union is not legally binding, the conduct does not qualify as bigamy.
Examples of common cases that are not bigamous include if:
- A person remarries after their previous marriage ended through a valid divorce or the spouse has legally died
- A person enters a new marriage after the earlier marriage was declared void through an annulment, meaning the first union never had legal status
Who Can File Bigamy Charges in California?
Only law enforcement agencies and prosecutors have the power to bring criminal bigamy charges in California. While anyone, such as a spouse, relative, or concerned third party, can report suspected bigamy, the decision to investigate and file charges rests entirely with police and the district attorney. Bigamy is treated as a criminal matter under Penal Code Section 281, so private individuals cannot initiate the case themselves.
Once a report is made, authorities review marriage records, interview witnesses, and determine whether the legal requirements for bigamy are met. Prosecutors then decide whether the evidence is strong enough to move forward with formal charges. This process ensures that bigamy cases follow the same standards and procedures as other criminal prosecutions in the state.
What Are the Penalties for a Bigamy Conviction?
A conviction for bigamy in California carries meaningful criminal consequences because the state treats entering a second marriage while a first one is still valid as a felony‑level offense. The law is designed to protect the stability of the marital system and prevent the legal confusion that comes from overlapping marriages.
Although the exact sentence can depend on the facts of the case and the person’s criminal history, a bigamy conviction can leave someone with long lasting legal and personal repercussions. Common criminal penalties for a bigamy conviction include, but are not limited to:
- Felony incarceration, which may involve jail or state prison
- Court ordered criminal fines
- A lasting criminal record that can affect employment, licensing, and immigration matters
- Probation, often with conditions such as counseling or community service
How To Prove Bigamy in California
Proving bigamy in California requires showing that a person entered a second marriage or domestic partnership while still legally married to someone else. The focus is on whether the first marriage was still valid and whether the individual knowingly proceeded with a new union despite that existing relationship.
It is important to note that California law allows a wide range of evidence to establish the existence of both marriages, and the state can assert jurisdiction if the couple later lived together in California, even if the second marriage occurred elsewhere.
Legal elements that must be proven in a civil bigamy case include that:
- The person had a living, legally recognized spouse at the time of the second marriage
- The person married or registered a domestic partnership with someone else during that time
- The first marriage was not dissolved, annulled, or void under any legal exception
- The person knew the first marriage was still in effect
- If the second marriage happened outside California, the couple later cohabited within California to establish jurisdiction
What Are the Steps To File for Bigamy Charges?
In order to file bigamy charges in California, a person must first report the suspected bigamy to local law enforcement. Police will then investigate by reviewing marriage records, interviewing witnesses, and confirming whether a prior marriage is still legally valid.
After the investigation, the case may then be forwarded to the district attorney, who will then decide whether or not to formally file criminal charges based on the evidence. Only prosecutors, not private individuals, can initiate the actual criminal case.
In civil matters, proving bigamy generally requires showing that the earlier marriage was still legally in effect at the time the second marriage occurred, as outlined above.
Are There Any Legal Defenses to a Bigamy Charge?
Yes, California law recognizes several defenses that can defeat a bigamy charge. A common defense is a reasonable belief that the first marriage was legally ended, such as relying on a mistaken but good‑faith assumption that a divorce was finalized.
Another legal defense applies when the first marriage was void or voidable. This means that it never had legal effect. It is also a defense if the first spouse had been absent for years and was reasonably believed to be dead, or if the accused did not knowingly enter a second marriage because of misinformation or clerical errors.
Do I Need a California Family Lawyer if I Am Facing Bigamy Charges?
As can be seen, bigamy can result in serious civil and criminal penalties. As such, if you are facing bigamy charges, it is recommended to meet with a California family lawyer who can help you understand the legal consequences, and protect your legal rights.
LegalMatch can assist you in locating a lawyer who can guide you through both the criminal investigation and any related family‑law issues, such as annulment, custody, or property disputes. A lawyer’s support can make a significant difference in navigating the complexities of these overlapping legal areas and ensuring you make informed decisions at every stage. Finally, they can also represent you in court, as needed.
