What happens if someone commits bigamy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if someone commits bigamy?
Someone wants to get married but is already married to someone else. Their divorce will be finalized in 2 weeks. Would it be possible to get caught if they remarried before then?
Asked on September 30, 2011 under Family Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Those are two very different issues:
1) Is it possible to get caught? That just depends on whether anyone checks public records, whether someone in the know reveals the current marriage, etc. It is certainly possible, but not definite.
2) What could happen? Well, to begin with, the second marraige would be invalid, even after the first marriage is dissolved by divorce, because it is impossible to be married legally while married to another. So the second "spouse" would not actually be a spouse, and would not inherit automatically, would not be able to make health care decisions, etc.
Second, knowingly committing bigamy is a crime, and can result in criminal penalties.
Third, there could be other crimes coming out of this--like tax fraud, for filing a joint tax return when not legally married.
Fourth if the second spouse isn't aware of the prior marriage, he or she may be able to sue the bigamist for financial and/or emotional injuries.
In short, it is a tremendously bad idea.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.