Bigamy Penalties

Bigamy is hard to find in society today. Bigamy seems to be a fossil from another time, when wives were collected like commodities and societal stature grew with spouses. Yet the legislation against bigamy is a reality in the United States and other countries, and the penalties for bigamy are all too real for those caught in a tangle of multiple marriages and divorces, where one unsigned document could lead to an illegal act.

The Facts

Bigamy occurs when someone willfully enters into a second marriage while that person is already married, and it thus describes a man with two wives or a woman with two husbands. It is a felony in 37 states and indeed most western countries and cannot be avoided by marrying in two different countries. Because most marriages are recognized in the United States, having another spouse in another country still counts as a bigamous act.

History

Bigamy has existed in most cultures in human history, but its practice rarely dominates even in societies where it is permitted. Monogamy was preferred from ancient Babylon to Egypt or Persia, and Mohammedans, though allowed four wives, rarely chose to have more than one. In Judeo-Christian religions, marriage is typically defined as between two partners, and sects that practiced bigamy (e.g. Mormons) have publicly renounced the practice.

Significance

Deemed an attack on public morals, bigamy is looked down upon in most societies as a betrayal of basic ethical code. Bigamy legislation varies from state to state, but generally defined, the punishment is no more than five years in prison or a $500 fine, though in North Carolina it stretches to no more than 10 years in prison. In addition, the United States does not accept immigrating bigamists.

Exceptions

Bigamy is not always prosecuted because of exceptions that excuse the perpetrator. Since bigamy is defined as a willful commitment to a second marriage, an unconscious act of bigamy is rarely prosecuted. For example, a person might have overlooked a technicality that caused the previous marriage to fail to be annulled, thus the person was unaware he was committing bigamy. In addition, a first marriage might be considered terminated if the spouse has been missing and out of contact for five to seven years before the second marriage.

Misconceptions

A common misconception about bigamists is that they are polygamists with only two wives, hence the "bi" prefix. Yet bigamy does not refer to the number of spouses but the type of marriage. After the first legal marriage all other marriages are considered secondary, so the second marriage is secondary, the third marriage is secondary, as is the fourth. Bigamy, rather than polygamy, is the standard term used in legal cases, and a person would be prosecuted for each secondary marriage. Having five spouses counts as four acts of bigamy.

Resources

• Full History and Explanation of Bigamy