In Texas, bigamy happens when someone formally enters into one marriage while their previous marriage is still undissolved. When a person is married to another person and tries to enter into a second marriage with a third individual, it is considered to be bigamous.
Their second marriage will be considered void and would serve as grounds for an annulment. One requirement for obtaining a marriage license is to have an annulment or dissolution of all previous marital duties and obligations. If an individual fails to do so, it can result in a bigamous marriage.
When someone knowingly enters into a bigamous marriage, they commit the criminal offense of bigamy. Although it is a criminal offense, it is seldom prosecuted unless it also involves a fraud scheme to obtain the property of another party or to commit an additional felony.
Typically, bigamy is classified as the lowest category of felony or the highest category of misdemeanor, often equivalent to failure to register as a sex offender. The penalties an individual may face for bigamy can vary by state.
However, they are typically less severe than the penalties an individual faces for a drunk driving conviction. A Texas lawyer can explain how bigamy is classified and prosecuted in Texas as well as the possible penalties an individual may face upon conviction.
What Is the Status of Bigamy Today?
Bigamy is a crime in all 50 states in the U.S. It is important to note that bigamy is different from the practice of polygamy, which is the practice of having more than one spouse at a time, typically one male having multiple wives. Both of these practices are illegal.
Each state, as noted above, classifies bigamy as either a felony or a misdemeanor. States that classify bigamy as a misdemeanor, include:
- Alaska
- Arkansas
- Hawaii
- Missouri
- Montana
- New Jersey
- Ohio
- Pennsylvania
- Tennessee
For more information on the current state of bigamy laws in Texas, an individual should schedule a lawyer consultation.
What Are Examples of Cases That Are Not Bigamous?
There are some situations in which an individual commits bigamy accidentally when they marry someone believing that their previous marriage was dissolved. For example, if someone thought their previous marriage was terminated by a divorce or that they have obtained a decree of the nullity of marriage.
They may have made an error about the grounds for divorce in Texas or not properly obtained an annulment, resulting in not actually dissolving their previous marriage. In these situations, they may be able to show the error and resolve the issue, dissolving their previous marriage correctly and demonstrating their lack of intent to engage in bigamy.
If an individual’s previous spouse has not been seen or heard from for seven consecutive years in Texas, they can be presumed dead and declared legally dead by a court. When this is done, if their spouse remarries, it would not be considered bigamy.
Who Can File Bigamy Charges in Texas?
In the State of Texas, any individual can report bigamy by contacting local law enforcement. Criminal charges are filed by a local prosecutor, such as a district attorney.
It is common for these charges to be initiated by a report from a wronged spouse or another party who discovered that there was a bigamous marriage. In Texas, bigamy is classified as a third-degree felony that can be prosecuted without cooperation or request from a victim.
What Are the Penalties for a Bigamy Conviction?
In the State of Texas, as noted above, bigamy is charged as a third-degree felony. If an individual is convicted of bigamy, they may face two to ten years in prison, $10,000 in criminal fines, or a combination or both.
If a second spouse is a minor, the charges can be increased to a second-degree felony. If convicted, a defendant faces two to 20 years in prison with the same criminal fines.
If a second spouse is 16 years of age or younger, the crime can be charged as a first-degree felony. If convicted, a defendant faces five to 99 years or life in prison along with the same criminal fines.
How To Prove Bigamy in Texas
Proving bigamy in Texas can be a complicated task. It can be difficult to show that a person is still married to another person at the time they enter into a new marriage. For example, if someone’s first marriage happened outside of the United States, it can be hard to find the documentation that is necessary to prove bigamy occurred.
One of the easiest and most direct ways to show bigamy is to find the individual’s original marriage certificate or other legal document that shows they are married. There may also be other types of documents, such as tax records, that may show whether or not someone is married.
In some cases, it may be possible to prove bigamy occurred without having a marriage document. For example, the prosecution may be able to support their claim by presenting types of evidence including:
- Testimony from the individual’s first spouse
- Testimony from the officiant who performed the first marriage ceremony
- Statements from people who witnessed the first ceremony or marriage document
- Other evidence, such as photos or video footage of the first ceremony
What Are the Steps To File for Bigamy Charges?
In many situations, someone was just not aware that their previous marriage was not terminated because their divorce proceedings were not finalized. In these situations, the individual will simply need to take the necessary steps to make sure their divorce becomes finalized.
If, however, bigamy is committed, there are steps a spouse can take. First, they can file for an annulment, because bigamy serves as grounds for an annulment. This would treat the marriage as though it had never existed.
The spouse can go to their local Texas law enforcement department and file a complaint against their spouse for bigamy. It may be helpful to discuss the process with an attorney so that they are aware of the possible consequences or punishments, what to expect during the process, and the possible outcomes of the case.
Are There Any Legal Defenses to a Bigamy Charge?
There may be some legal defenses available to a Texas bigamy charge. There is not a national database that can be searched to find out whether someone is already married when they apply for a marriage license.
Due to this issue, most people are excused when they reasonably believe their previous marriage was ended by annulment, divorce, or death. In some situations, an individual may also be able to use lack of communication for a certain number of years with their former spouse as a defense. A Texas attorney will be able to explain specific defenses that will be available in someone’s case.
Do I Need a Texas Family Lawyer if I Am Facing Bigamy Charges?
If you are facing bigamy charges in Texas, you may think you do not have the money, time, or experience to find a lawyer. It is free, quick, and easy to use the lawyer-client matching services provided by LegalMatch to find a Texas family lawyer near you.
LegalMatch connects you with prescreened and licensed Texas family attorneys who can help you with your bigamy issue, whether you need to ensure your previous marriage was properly terminated or you need defending in court. There is no cost to submit your Texas bigamy question or issue on the website and it only takes about 15 minutes to complete the process, allowing you to find lawyers in your area who can help, which can alleviate all of the stress of knowing where to start searching, so get started today.
