Bigamy Laws in Florida

When a person marries someone while he is already married, he is committing bigamy. In many states, including Florida, bigamy is a criminal offense. Bigamy is punishable by jail time and/or fines.

Definition of Bigamy

Florida statute 826.01 classifies bigamy as a third-degree felony. A husband cannot marry another woman if he already has a wife whom he knows is alive. The same law applies to a wife taking a second husband.

Defenses

If a person is charged with bigamy, she can claim several defenses in order to avoid conviction. Defenses, as set forth in 826.02, include a belief that the first spouse is dead; proof that the first marriage was terminated; proof that a previous judgment for divorce was invalid, leading the defendant to believe that she was divorced; and the fact that the defendant's prior spouse abandoned her and has been absent without contact for three years.

Penalties

If a defendant is convicted of bigamy in Florida, he is subject to a $5,000 fine under 775.083(1)(c). The fine can be instead of or in addition to the jail sentence of up to five years, as set forth in 775.082(3)(d).

References

• Lect Law: Florida Statutes on Bigamy: Chapter 826: Bigamy
• 2010 Florida Statutes: 775.082 Penalties
• 2010 Florida Statutes: 775.083 Fines