Polygamy is the practice of having more than one spouse at the same time, and it is not legal in Texas. Marriages that involve more than 2 people are not recognized under Texas law. Rather, under the definition of bigamy in Texas, there are both civil and criminal consequences for people who try to enter into marriages if they or their partner is already married.
Texas law does not recognize marriages in which more than 2 people purport to get married. While the law does not expressly define and forbid polygamy, it has a bigamy law. Bigamy is defined as the act of marrying one person while being in legal marriage with another person. Thus, only marriages made by two unmarried people are legally valid in Texas.
A lawyer consultation with a Texas lawyer would help a person understand marriage requirements in Texas and how to avoid bigamy.
What Is the Difference Between Polygamy and Bigamy?
Polygamy is the practice of having more than one spouse at one time. Actually, the polygamy definition applies to a man having more than one spouse at a time, whereas a woman having more than one spouse at a time is called “polyandry.”
Polygamy is legal among certain groups in various countries. Explicit legal recognition of polyandry is somewhat rare worldwide.
Despite having limited legal recognition, polyandry is a traditional custom among certain groups in some parts of the world, e.g., the nations of Tibet, Nepal and India. It is also a cultural custom among some tribes in Mozambique and parts of Nigeria, and historically among the Inuit.
Bigamy, on the other hand, is the criminal offense of marrying a second or subsequent spouse. Bigamy is a crime in all states in the U.S. and in Washington, D.C.
Can You Go to Jail for Polygamy?
In Texas, the crime of bigamy is classified as a third-degree felony under that state’s classification system for felonies. A defendant who has been convicted of bigamy could be sentenced to 2 to 10 years in state prison and payment of a fine of up to $10,000.
A harsher sentence is possible if the defendant entered into a bigamous marriage with a minor.
If the individual a defendant has married is 17 years old, the offense is elevated to a second-degree felony. The sentence for a second-degree felony is a term of 2 to 20 years in state prison and payment of a maximum fine of $10,000. The law provides for an even more harsh sentence, if the person is 16 or younger. In this case, the crime is classified as a first-degree felony, which carries a sentence of 5 to 99 years or life in prison.
Texas law also allows a charge of bigamy to be made against a person whose second, bigamous marriage is a claimed common law marriage. It is possible to be convicted of bigamy in Texas, because one entered into a common-law marriage with a person while they had an actual, legal spouse.
An individual accused of bigamy may claim certain defenses. They may claim that they had a reasonable belief that they had been divorced or that their marriage had been ended by death or the annulment of a prior marriage. Perhaps their spouse had disappeared long ago, and they could reasonably think the person had passed away. Perhaps they had been told this.
Another defense is to claim that the person who entered into a second marriage lacked the required intent to commit the crime. They may have had a belief that their prior marriage had been dissolved through a valid, legal dissolution of marriage process.
A defendant would have to prove that they believed that their previous marriage had ended by producing such evidence as the following:
- A certified death certificate showing that their first spouse was deceased
- A divorce decree bearing the seal of the court that issued it
- A court order that terminated, or annulled, the previous marriage
- Other court records that prove dissolution of their marriage.
Essentially, a person would have to prove that in fact their prior marriage had really ended in some legally recognized manner.
What Are the Penalties for Polygamy in Texas?
As noted above, a person who enters into a bigamous marriage in Texas can be prosecuted for the crime of bigamy and, if convicted, sentenced to prison for a period of years and made to pay a substantial fine.
A person who commits bigamy may also commit a different criminal defense, that of providing false information to obtain a marriage license. Texas law makes it a crime to tamper with a government record, and this crime is committed when a person makes a false statement on a marriage license application. The crime is committed when an individual states they are not married on their application for a marriage license when in fact they are married.
This crime is classified as a Class A misdemeanor in Texas, however it can be escalated to a state jail felony if it is committed with the intent to defraud or harm another person. If convicted, a person can be sentenced to a state jail term of from 180 days to 2 years.
While a party to a bigamous marriage can be subject to criminal punishment, in addition, a bigamous marriage does not have legal status in Texas. Per Texas marriage requirements, a marriage is legally “void” if either party to it was already married at the time they purported to enter into a second marriage. The term “void” in this context means that the state considers the marriage as never having legally existed at all. It is a nullity.
This means that none of the legal rights and obligations associated with marriage, such as the right to an inheritance from one’s spouse or the right to receive spousal support after divorce, are established by a bigamous marriage.
While an individual who may have entered into a bigamous marriage does not have to go to court and get a court order declaring the marriage void, it may be helpful to do so. Having a declaration issued by a court could prove helpful If the other party to the bigamous marriage should claim rights to property, for example. It would settle the issue by showing that the marriage never existed legally.
It would also be helpful to have a court order in the event the individual should want to enter into a legitimate, legally recognized marriage in the future.
Should I Contact a Texas Lawyer?
If you find that you have entered into a bigamous marriage, you need to talk to a Texas criminal lawyer. You can explain the facts of your situation to your lawyer. Your lawyer can give you their opinion as to whether you may have to answer in a criminal court for having concluded a bigamous marriage. If you have, your lawyer can help identify any defenses you may have. Or, they can negotiate a favorable plea agreement.
You will get a better result, whatever your situation, if you have an experienced Texas criminal lawyer on your side working for you.
