0
If you were in a common law marriage and moved to a state that did not recognize the marriage and legally married another would you be a bigamist?
Ineed2know
No. There would be no common law marriage even if allowed by state law. Generally, in all states of the US and most provinces of Canada, if one party is legally married they cannot establish a common law marriage with another spouse even if common law marriage is recognized by the state. Once a person is legally married they cannot marry again until their marriage is dissolved legally by a divorce.
The Canadian Province of Saskatchewan is the only jurisdiction in the Western World that allows an individual to form a common law marriage while married civilly to another person. It is assumed Saskatchewan also allows civilly married people to remarry without a legal divorce.
Wiki User
∙ 13y ago
Wiki User
∙ 15y agoNot an easy question to answer. The "full faith and credit" clause of the US Constitution used to be regarded as requiring other states to honor laws of other states and cases decided by other states, as it affected persons living in those states at the time. So a common-law marriage valid in one state would have to be regarded as a legal marriage in every other state. Over the years, cases decided by the US Supreme Court have tended to see the clause as applying to court decisions more than statutes, and the recent hate laws passed by states prohibiting "same-sex marriages" even if legal in other states may eventually lead to the first "conservative" court decision that will clearly be an "activist" decision repealing a key clause of the constitution.
Wiki User
∙ 14y agoVery few jurisdictions still recognize common law marriages. In the event that you live someplace where they are recognized, it would probably take a court case to decide whether it's actually technically bigamy, or whether the common law marriage simply never existed. Regardless of whether it's bigamy or not, if your partner was unaware of the existing marriage and legitimately believed they had entered into a common law marrage, it might constitute fraud. Having sex with someone other than your spouse without pretending to marry them is not bigamy, it's adultery; depending on local law, this might itself technically be illegal. However, at least in the US criminal prosecution for violation of anti-adultery laws is essentially nonexistent.
Add your answer:
Earn +20 pts
Are you legally married if your husband has another wife in another state?
No. If the other person is legally married to another person in another state, then your marriage is not valid in the USA. You can have be legally married to one person at a time.
What to do about a bigamist marriage when the other husband died?
If you are a bigamist and your first, and legal, husband died then you should arrange to marry your present "husband". Until you do you are not legally married since your "marriage" to him was invalid due to your own marital status.
If you are legally married in one State you will also be considered legally married by the 49 other States because of?
Usually, but there are exceptions. States are not required to recognize a marriage performed in another state, if that marriage is illegal under their state laws. For example, most states will not recognize a same-sex marriage, even if the marriage was performed legally/is recognized in the state it occurred in.
What are the conditions for Florida to recognize marriage in international waters?
Florida will recognize marriage in international waters as long as the ceremony was legally conducted.
Do same-sex couples have similar marital rights as compared to heterosexual marriage?
Yes, if they get legally married in a jurisdiction that recognizes same sex marriage. Other jurisdictions that do not recognize same sex marriage may not recognize the marriage if they move to one of those places. You need to check the marriage laws where you legally reside.
What is the female equivalent of a bigamist?
Bigamy is the offense of marrying one person while legally married to another, and it applies to both sexes.
Is marriage by power of attorney legal in the United States?
Marriage by proxy is a marriage that takes place when one or both of the parties is not physically present. It follows an age old tradition that was developed for various reasons. Only a handful of states recognize proxy marriages (California, Colorado, Montana, Texas) but most states except Iowa will recognize a proxy marriage legally performed in another state. You can read more about it at the related link.Marriage by proxy is a marriage that takes place when one or both of the parties is not physically present. It follows an age old tradition that was developed for various reasons. Only a handful of states recognize proxy marriages (California, Colorado, Montana, Texas) but most states except Iowa will recognize a proxy marriage legally performed in another state. You can read more about it at the related link.Marriage by proxy is a marriage that takes place when one or both of the parties is not physically present. It follows an age old tradition that was developed for various reasons. Only a handful of states recognize proxy marriages (California, Colorado, Montana, Texas) but most states except Iowa will recognize a proxy marriage legally performed in another state. You can read more about it at the related link.Marriage by proxy is a marriage that takes place when one or both of the parties is not physically present. It follows an age old tradition that was developed for various reasons. Only a handful of states recognize proxy marriages (California, Colorado, Montana, Texas) but most states except Iowa will recognize a proxy marriage legally performed in another state. You can read more about it at the related link.
What is a bigamist?
A bigamist is a man with two wives.However, under US state laws involving marriage, only the first marriage would be recognized as legal (until dissolved), and any subsequent ones as a deliberate criminal offense.In practice, a bigamist is the term for any man who marries again, however many times, while still legally married. Technically, the term for more than two wives would be polygamy. De facto polygamy is practiced by some individuals and in some US religious groups in contravention of existing laws.Unites States Law:Bigamy is the crime of knowingly entering into a marriage with one person while still married to another person: someone with two or more wives or two or more husbands at the same time. A person who commits bigamy is a bigamist.
Does the UK recognize double proxy marriage as a legal marriage?
Proxy weddings are not recognized as legally binding in most jurisdictions. “proxy marriage” is rather alien in the UK
Does Florida recognize marriages of a minor performed out of state for a Florida resident?
If the wedding was legally performed with a legal license, Florida will recognize the marriage as legitimate.
Do Arkansas have common law marriage?
Arkansas (along with most states) does not recognize common law marriage. The only exception to that would be if you previously lived in another state that did recognize common law marriage (again, most states don't) and you were considered common law married in that state, and you then later moved to Arkansas.
Can British citizens legally get married in Spain?
As long as they abide by the laws of Spain. Most countries will recognize a legally conducted marriage regardless of where they were performed.
