The polygamy definition refers to the practice of being married to more than one person at the same time. While some cultures and religions around the world accept or even encourage polygamous marriages, Florida law does not recognize them as valid. In fact, attempting to enter into a polygamous marriage in Florida is a criminal offense.
Florida statutes don’t use the word “polygamy” directly. Instead, the law addresses this conduct through its prohibition on bigamy. When someone who is already legally married attempts to marry another person, they violate Florida’s bigamy statute. This means that whether you call it polygamy or bigamy, the conduct is treated the same way under Florida criminal law.
Understanding the marriage requirements in Florida helps clarify why polygamy is prohibited. Florida requires that individuals be unmarried at the time they apply for a marriage license. The state keeps records of marriages and divorces, and officials verify marital status before issuing new licenses. Attempting to circumvent these requirements by marrying while already married constitutes a felony offense.
It’s worth noting that Florida does not recognize common law marriage. This means that simply living with someone and presenting yourselves as married doesn’t create a legal marriage in Florida. However, Florida will recognize a common law marriage that was validly established in another state. This distinction matters because it affects when someone might be considered “married” for purposes of bigamy charges.
What Are the Differences Between Polygamy and Bigamy?
People often use the terms polygamy and bigamy interchangeably, but they have distinct meanings. Understanding these differences helps clarify exactly what conduct Florida law prohibits and how prosecutors approach these cases.
Polygamy is a broader term that describes the practice or lifestyle of having multiple spouses simultaneously. It often carries cultural or religious connotations and may involve relationships where everyone knows about and consents to the arrangement. Polygamy can describe situations where someone has three, four, or more spouses at once.
Bigamy in Florida has a more specific legal meaning. Bigamy is the act of entering into a marriage with another person while you are still legally married to your first spouse. The focus is on the act of marrying again, not on maintaining multiple relationships. You commit bigamy the moment you go through a marriage ceremony while your prior marriage remains valid and undissolved.
Here’s a practical way to think about it: bigamy is the legal offense, while polygamy describes the broader practice. Someone practicing polygamy would necessarily commit bigamy when they attempt to legally marry an additional spouse. Florida prosecutes this conduct under its bigamy statute, which serves as the legal tool to address all forms of illegal multiple marriages.
The courts have addressed this distinction in various cases over the years. Prosecutors don’t need to prove that someone intended to practice polygamy as a lifestyle choice. They only need to show that the defendant married another person while already being married. The defendant’s reasons or beliefs about multiple marriages are not defenses to the charge.
Another important distinction involves the second spouse’s knowledge. In many bigamy cases, the second spouse doesn’t know their partner is already married. They’re a victim of the fraud, not a participant in illegal conduct. Florida law focuses on the person who enters into the second marriage while knowing their first marriage exists, not on the innocent party who was deceived.
Can You Go to Jail for Polygamy?
Yes, polygamy can result in jail time in Florida. Because the state prosecutes polygamy as bigamy, and bigamy is classified as a felony, incarceration is a real possibility for anyone convicted of this offense.
Bigamy is a third-degree felony in Florida. Third-degree felonies sit in the middle tier of Florida’s felony classification system. While they’re less serious than first- or second-degree felonies, they still carry significant consequences including prison time. Courts have the authority to sentence someone convicted of bigamy to a state prison term.
The maximum prison sentence for a third-degree felony in Florida is five years. This doesn’t mean everyone convicted of bigamy goes to prison for five years, but it represents the upper limit of what a judge could impose. The actual sentence depends on many factors, including the defendant’s criminal history, the circumstances of the offense, and any aggravating or mitigating factors the court considers.
Beyond prison, defendants might face probation, community service, or other conditions as part of their sentence. Florida’s sentencing guidelines give judges flexibility to craft appropriate punishments based on the specifics of each case. Someone with no criminal history who made an honest mistake about their marital status might receive a lighter sentence than someone who deliberately deceived multiple partners over many years.
If you’re facing bigamy charges, seeking a lawyer consultation as soon as possible is important. An experienced Florida lawyer can review the evidence, identify potential defenses, and help you understand what outcomes you might realistically face.
What Are the Penalties for Polygamy in Florida?
The penalties for polygamy in Florida, prosecuted as bigamy, include both imprisonment and financial consequences. Understanding the full scope of potential penalties helps defendants and their families prepare for what lies ahead.
For a third-degree felony conviction, Florida law authorizes imprisonment for up to five years. This represents time in a state correctional facility, not county jail. State prison sentences typically involve more restrictive conditions and fewer opportunities for early release than shorter jail sentences.
Financial penalties can also be substantial. A conviction for bigamy can result in a fine of up to $5,000. Courts may impose this fine in addition to or instead of imprisonment, depending on the circumstances. Some defendants face both prison time and fines as part of their sentence.
Beyond the direct criminal penalties, a felony conviction carries lasting consequences.
Convicted felons in Florida lose certain civil rights, including the right to vote and the right to possess firearms. These rights can sometimes be restored, but the process is lengthy and not guaranteed. Employment prospects often suffer as well, since many employers conduct background checks and may be reluctant to hire someone with a felony record.
The second marriage involved in a bigamy case is also void from the beginning. Florida does not recognize marriages entered into while one party was already married. This means the second spouse has no legal rights as a spouse, including no claim to marital property, inheritance rights, or other benefits that flow from valid marriages.
Florida law does provide certain defenses and exceptions to bigamy prosecution. A person may have a defense if they reasonably believed their first spouse was dead, if their first spouse had been absent for three continuous years without the defendant knowing they were alive, if the prior marriage was dissolved before the second marriage, or if the defendant relied on a court judgment that purported to end their prior marriage without knowing that judgment was invalid.
These defenses require specific facts and evidence to support them. Courts have examined these exceptions over the years and established guidelines for when they apply. Someone claiming one of these defenses needs to demonstrate that their belief was reasonable under the circumstances, not just that they personally thought their prior marriage had ended. A Florida criminal lawyer can help evaluate whether any of these defenses might apply to your situation.
Aggravating circumstances can increase penalties, while mitigating factors might reduce them. If a defendant deceived multiple partners over an extended period, caused significant financial harm, or showed a pattern of similar conduct, prosecutors and judges might push for harsher penalties. Conversely, genuine confusion about marital status, cooperation with authorities, or other mitigating factors could result in more lenient treatment.
Should I Contact a Florida Lawyer?
Don’t try to handle felony charges alone. The stakes are too high, and the legal system is too complicated for self-representation in serious criminal matters. Whether you believe you have valid defenses or simply want to understand your options, reaching out to a Florida criminal lawyer is the right move. Your future may depend on the decisions you make now.
