What Is the Status of Bigamy Today?
Bigamy remains a criminal offense in Florida, and its legal status has not changed over the years. Florida courts have consistently upheld prosecutions under the bigamy statute. The state takes bigamy seriously and will prosecute individuals who violate the statute.
While prosecutions for bigamy are not as common as other criminal offenses, they do occur, particularly when the circumstances involve fraud, immigration matters, or insurance claims. Law enforcement and prosecutors typically become involved when there is a complaint from a spouse, when bigamy is discovered during other legal proceedings, such as divorce cases, or when government agencies uncover the situation during background checks.
The continued enforcement of bigamy laws reflects Florida’s interest in protecting the institution of marriage and ensuring that individuals fulfill their marital duties and obligations to their legal spouses. When someone enters into a second marriage without dissolving the first, it can create legal chaos regarding property rights, inheritance, child custody, and spousal support. These are among the grounds for divorce in Florida and can significantly affect civil proceedings that accompany criminal charges.
What Are Examples of Cases That Are Not Bigamous?
Not every second marriage constitutes bigamy under Florida law. Several situations fall outside the scope of the bigamy statute, and understanding these exceptions is important for anyone concerned about potential liability.
When the first marriage was legally dissolved before the second marriage took place, no bigamy has occurred. This dissolution can happen through divorce proceedings that result in a final judgment or through an annulment that declares the first marriage void. The timing matters significantly. If the final divorce decree was not entered before the second marriage ceremony, the individual may still face bigamy charges even if divorce proceedings were underway.
In Higgins v. Higgins, 146 So. 2d 122 (Fla. 3d DCA 1962), the court addressed circumstances where a party was unaware that a prior marriage remained valid. If a person genuinely and reasonably believed that their first marriage had ended, whether through a finalized divorce they believed occurred, the death of the first spouse they reasonably believed had happened, or an annulment they thought was valid, this lack of knowledge may provide a defense against bigamy charges.
Another example involves marriages that were void from the beginning. If the first marriage was never legally valid, perhaps because it involved parties who lacked capacity to marry, was performed without a proper license, or violated other legal requirements, then entering into a subsequent marriage may not constitute bigamy. However, this defense requires careful legal analysis since many defective marriages are considered voidable rather than void, meaning they remain valid until a court formally declares them invalid.
Who Can File Bigamy Charges in Florida?
Bigamy is a criminal offense in Florida, which means charges are filed and prosecuted by the state rather than by private individuals. The process typically begins when someone reports the suspected bigamy to law enforcement or the state attorney’s office. This report can come from the first spouse, the second spouse who discovers the situation, family members, or others who become aware of the circumstances.
Once a complaint is made, law enforcement will investigate the allegations. If sufficient evidence exists, the state attorney’s office will decide whether to file formal charges. The decision to prosecute rests entirely with the state. Private citizens cannot directly bring criminal bigamy charges in Florida courts. They can only report the suspected offense and cooperate with investigators.
Victims of bigamy who wish to pursue civil remedies have separate options. A spouse who discovers they are involved in a bigamous marriage may seek an annulment of the invalid marriage, file for divorce if they were the first spouse, or pursue civil claims for fraud or emotional distress. Consulting with a Florida lawyer who handles family law matters can help affected parties understand both the criminal process and their civil options.
What Are the Penalties for a Bigamy Conviction?
The penalties for bigamy in Florida can be severe. Under Fla. Stat. § 826.01, bigamy is classified as a third-degree felony. This classification carries significant potential consequences that can affect someone’s life for years after a conviction.
A person convicted of bigamy in Florida faces up to five years in state prison, up to five years of probation, and fines up to $5,000. The court has discretion in sentencing, and the actual punishment imposed will depend on various factors, including the defendant’s criminal history, the circumstances surrounding the offense, and whether any aggravating factors exist, such as fraud committed against the second spouse.
Beyond the direct criminal penalties, a bigamy conviction creates collateral consequences that extend into many areas of life. A felony conviction can affect employment opportunities, professional licensing, immigration status, the right to vote, and the ability to possess firearms. For individuals involved in custody disputes, a bigamy conviction may influence the court’s decisions regarding parenting time and parental responsibility. Florida courts will impose meaningful penalties when bigamy is proven. Given these serious consequences, scheduling a lawyer consultation early in the process can make a significant difference in protecting your rights and building an effective defense.
How To Prove Bigamy in Florida
The prosecution bears the burden of proving each element of bigamy beyond a reasonable doubt. To secure a conviction, the state must prove that a valid first marriage existed. This typically involves producing a certified copy of the marriage certificate from the first marriage. The prosecution must then establish that the first marriage was not legally dissolved at the time the second marriage occurred. This requires showing that no final judgment of divorce was entered and that no valid annulment was granted.
Evidence of the second marriage is also required. This can include the marriage license or certificate from the second ceremony, testimony from witnesses who attended the second wedding, or evidence of cohabitation with the second spouse within Florida. The statute allows prosecution based on cohabitation alone, even without a formal second marriage ceremony, provided the accused is holding the second person out as a spouse.
Finally, the prosecution must demonstrate that the accused knew they were still married when they entered the second marriage or began cohabitation. While bigamy is sometimes characterized as a strict liability offense, Florida courts have recognized that a good faith belief in the dissolution of the first marriage may negate the criminal intent required for conviction.
What Are the Steps To File for Bigamy Charges?
If you believe someone has committed bigamy and wish to report the offense, the process involves several steps. Keep in mind that while individuals can report suspected bigamy, only the state can actually file and prosecute criminal charges.
The first step is gathering evidence. Before contacting authorities, compile whatever documentation you have that supports your belief that bigamy occurred. This might include marriage certificates, divorce records (or the absence thereof), photographs from wedding ceremonies, joint financial documents, or communications that reference the marriages. The more evidence you can provide, the more seriously authorities are likely to take your complaint.
Next, contact local law enforcement or the state attorney’s office in the Florida county where the second marriage or cohabitation occurred. Explain your concerns and provide the evidence you have gathered. Officers or prosecutors will evaluate whether the allegations warrant an investigation.
If authorities decide to investigate, cooperate fully with their requests for information and be prepared to provide testimony if the case proceeds to trial. You may also want to seek a lawyer consultation to understand how the criminal proceedings might affect any related civil matters, such as divorce, property division, or custody.
Are There Any Legal Defenses to a Bigamy Charge?
Several legal defenses may apply to bigamy charges in Florida, and a skilled Florida family lawyer can evaluate which arguments are most likely to succeed based on the specific facts of a case.
The most straightforward defense is proving that the first marriage was legally dissolved before the second marriage occurred. If the defendant can produce a final judgment of divorce or a valid annulment decree dated before the second marriage ceremony, no bigamy occurred. This defense requires careful attention to dates. The dissolution must have been final.
A defendant may also argue that the first marriage was void from its inception. If the first marriage was invalid because one party lacked capacity, the marriage was prohibited by law, or other fundamental defects existed, then entering a second marriage does not constitute bigamy. This defense requires proving the first marriage’s invalidity, which often involves its own set of legal proceedings.
Finally, evidentiary challenges can form the basis of a defense. If the prosecution cannot prove beyond a reasonable doubt that a valid first marriage existed, that it remained undissolved, or that the defendant knowingly entered a second marriage, the case may fail. Challenging the authenticity of documents, questioning witness credibility, and highlighting gaps in the prosecution’s evidence are all legitimate defense strategies.
Do I Need a Florida Family Lawyer if I Am Facing Bigamy Charges?
Facing bigamy charges in Florida is a serious matter that can result in felony conviction, prison time, and lasting damage to your personal and professional life. The intersection of criminal law and family law in bigamy cases makes legal representation particularly important.
A Florida family lawyer with experience in both criminal defense and family law matters can help you understand the charges against you, evaluate the evidence, and develop a defense strategy tailored to your situation. Whether the defense involves proving that your first marriage was dissolved, establishing a good faith belief, or challenging the prosecution’s evidence, experienced legal counsel is your best protection against a conviction.
Beyond the criminal charges, bigamy cases often involve related civil matters. Questions about the validity of marriages, property division, child custody, and support obligations frequently arise. Your attorney can help coordinate your defense with any civil proceedings to protect your interests on all fronts.
If you are facing bigamy charges or related family law concerns in Florida, now is the time to seek qualified legal help. LegalMatch can connect you with a Florida family lawyer who has the experience and knowledge to handle your case. Submit your case details through LegalMatch today to find an attorney who can provide the representation you need and help you work toward the best possible outcome.
