In New York, marriage is the legal union of two people. New York law enforces monogamy, which is a system in which a person is able to marry only one other individual at a time. Some countries allow polygamy, a system in which a person is legally allowed to be married to more than one person at one time. But it is not allowed in New York State.
If an individual who is married were to seek to marry another person when they already have a spouse, they could be charged with attempted bigamy. Bigamy is an E class felony in New York.
The defining element of the offense of bigamy is the existence of a legally valid marriage that has not been terminated before one of the spouses seeks to marry another person. If a person who is already married tries to marry another person, both people can be guilty of bigamy. So it pays for a person who plans to get married to ensure that their prospective spouse is not already married.
All a person has to do to be guilty of bigamy is to get a marriage license and participate in a marriage ceremony when they already have a living spouse.
In order to get married in New York, both prospective spouses must appear in person at the office of a city or town clerk. Each must present valid identification, e.g., a passport, birth certificate, or driver’s license, in order to verify their identity and age.
The two must pay a fee, $35 in New York City and $40 elsewhere in the state. After the fee is paid and the identification presented, a marriage license is issued, but it is not valid until 24 hours have passed after its issuance. The license is then valid for 60 days,180 days for those on active military duty.
If the marriage is not conducted by an authorized person, e.g., a judge, justice, member of the clergy, or certain public officials, within the 60 days, the license becomes void. If an authorized person does conduct the marriage, that person must then finalize the legal process within five days of officiating at the marriage.
What Is the Status of Bigamy Today?
Today, a person can be legally married to only one other person. In New York state, if an individual is already in a valid, legal marriage and they try to marry another person, they can be charged with the crime of bigamy. The law of bigamy applies equally whether the person entering the new marriage is the one who is already married or if they are the one marrying someone they know to have a living spouse. Both can be charged with a criminal offense.
Being married to more than one person would cause the bigamist to violate the fiduciary duty they owe to their spouse as part of their marital duties and obligations under the law. Among those duties are the duties to fully disclose all of their financial information as well as the duty not to spend assets secretly without the knowledge of their spouse.
A person who is married to more than one spouse may do this without full disclosure, which violates their duties to all of their spouses.
In 2026, some changes were made to New York law regarding some aspects of marriage, including same-sex marriage rights and eligibility for domestic partnership. These changes, however, did not change the law regarding bigamy. Bigamy is still a crime in New York.
A lawyer consultation with a New York lawyer would give a person the opportunity to discuss all aspects of marriage and domestic partnership in New York today.
What Are Examples of Cases That Are Not Bigamous?
Two people who have never been married before and are 18 years old may get married without a problem. (A younger person may need their parents’ permission to marry. ) A person who has been married but ended their marriage through the legal processes of annulment or divorce is free to marry legally again, provided their annulment or divorce is final.
One of the grounds for divorce in New York is irretrievable breakdown of the marriage. There are other grounds, e.g., adultery, but irretrievable breakdown is generally considered to be a “no-fault” grounds. So, a person who is married but wishes to marry a different person is able to get a divorce, although there are costs and it takes some time. Again, they may not marry again until their divorce is final.
A person who was married but whose spouse has passed away is also free to marry again. If they do, they have not committed bigamy.
For a person whose spouse has been missing for a long time, e.g., several years, there is a legal process for dissolving their marriage. If a person’s spouse has been missing for 5 consecutive years and is not known to be alive, can petition a court for dissolution of their marriage. The person must have made a diligent search for their spouse but has not been able to find them.
A person must obtain this dissolution from a court before marrying again to avoid committing bigamy. If they do, a subsequent marriage cannot constitute bigamy.
In these four situations, the marriages would not be bigamous. But, again, if one spouse is still married to a living spouse, then their marriage to someone who is not their spouse would be bigamous.
Who Can File Bigamy Charges in New York?
The district attorney in the county in which a crime is prosecuted files the charges with the court in New York. This would happen after an individual, often the victim of a crime, makes a complaint to local law enforcement or some other law enforcement agency. In New York, a person may report a crime to agencies such as the Metropolitan Transit Authority police, the State Police, their local precinct police or other law enforcement agencies.
The person who is most likely to file a complaint about the crime of bigamy would be the spouse of an alleged bigamist who may not have known that their partner was married to someone else but in some way learns that they are.
The law enforcement agency that receives a complaint of bigamy conducts an investigation to determine if there is enough evidence available to establish probable cause to believe that the accused bigamist is guilty of the crime of bigamy. They may search for the person who has been identified as the possible bigamist and attempt to interview them.
If law enforcement believes that there is probable cause to believe the alleged bigamist in fact committed the crime, then they would arrest him. The alleged perpetrator might be brought directly to court where they would be charged or they might be given a ticket that requires them to appear in court at a future date. The first court appearance is the arraignment at which the accused is informed of the charges against them and is able to enter a plea.
What Are the Penalties for a Bigamy Conviction?
A person who has been convicted of bigamy can be sentenced to from 1 to 4 years in prison and/or ordered to pay a fine of up to $5,000.
The court may order a defendant to serve a period of time on probation instead of imprisonment, especially if the conviction is their first criminal offense. In sentencing a defendant, the judge considers such facts as whether the defendant has a criminal history, the impact the crime had on the victim, and whether there are mitigating circumstances which suggest that a lesser sentence is appropriate.
How Is Bigamy Proven in New York?
The fact that a marriage is bigamous would be proven by presenting the testimony of witnesses, and documentary evidence. The key would be to prove a prior marriage of the bigamist and then another marriage that should not have taken place in light of the first one. Legal documents showing that the two marriages took place would be key to proving that the later marriage is bigamous.
What Are the Steps to Filing Bigamy Charges?
A person who knows about another’s bigamous marriage or marriages only has to report the matter to their local law enforcement agency. In New York, they could report it to their precinct police. Then, as explained above, the police would do the necessary investigation and bring the matter to the district attorney for charging and prosecution.
A bigamous marriage is void. A person who finds themselves in a bigamous marriage would want to see an annulment, not a divorce. Either of the spouses in a bigamous marriage may begin a legal action that asks a court to declare the marriage null and void.
Are There Any Legal Defenses to a Bigamy Charge?
New York law provides an affirmative defense to a criminal prosecution for bigamy. A person may not be convicted, if they can prove that they acted under the reasonable belief that they were legally permitted to marry. This means the defendant must show they believed their prior marriage had ended or that both parties were single and not married.
For example, a person who has filed for divorce may not understand that they are not free to marry until a court has issued a final decree of divorce and may marry again before their divorce is technically final.
Or a person may not understand that even though they are legally separated and live apart from their spouse, they may not get married again. A person must terminate a marriage through divorce in order to be able to remarry.
Do I Need a New York Family Lawyer if I Am Facing Bigamy Charges?
If you have been charged with bigamy, you need to talk to a New York criminal defense attorney right away. Your attorney can review the facts of your situation and identify any defenses that may be available to you. Your lawyer can also talk to the district attorney and try to negotiate an advantageous plea agreement.
You want to talk to a New York family lawyer if you have committed bigamy or if you have discovered that your spouse married someone other than you before you married them. Your lawyer can advise you on how you can deal with the legal situation and resolve issues, e.g., division of your property, in light of the fact that you are not legally married. Your lawyer can help you get out of the situation in the way that best serves your interests.
