bigamy

[Middle English bigamie, from Old French, from Medieval Latin bigamia, from Late Latin bigamus, twice married : Latin bi-, two; see bi-¹ + Greek gamos, marriage; see -gamous.]

The offense of willfully and know- ingly entering into a second marriage while validly married to another individual.

Bigamy was an offense in the English ecclesiastical courts but was not an offense under common law. It was subsequently made a crime by statute.

Bigamy is punishable by either a fine or imprisonment, depending on the law of each individual state. In some jurisdictions, bigamy is a ground for divorce. A bigamous marriage is always void.

Elements

The existence of a valid marriage entered into by the accused party prior to the bigamous marriage is an essential element of the offense. No particular type of ceremony is required, and even a common-law marriage can suffice. The bigamist must be aware that his or her spouse is living at the time of the subsequent marriage.

An indictment for bigamy is sufficiently supported even by the existence of a voidable marriage, one that is valid until annulled. If neither party seeks an annulment, then the remarriage of either constitutes bigamy.

No bigamy exists where the first marriage was terminated by annulment or divorce prior to the second marriage. A divorce that was fraudulent or defective, however, is not a defense to a charge of bigamy.

Unless otherwise provided by statute, cohabitation is not a requisite element of the offense. Bigamy is committed by the mere performance of the second marriage.

Ordinarily the law of the area where the bigamous marriage occurred has jurisdiction in the prosecution of the crime. Some statutes, however, provide that the accused may be convicted in the state where the bigamous cohabitation takes place, even though the marriage occurred elsewhere.

Defenses

Under certain statutes it is not considered bigamous for an individual to remarry after elapse of a certain designated period during which the former spouse was absent and thought to be dead. Remarriage before the statutory period, however, constitutes bigamy since the first marriage is still regarded as valid.

In some jurisdictions a sincere and reasonable belief that a valid divorce has been granted is a defense to bigamy. In most, however, it is not. Neither erroneous legal advice nor ignorance nor mistake regarding the law is a defense.

A divorce or annulment obtained subsequent to a second bigamous marriage is no defense. The belief that it is not unlawful to have more than one spouse will not prevent prosecution nor will the claim that religious beliefs compelled an individual to remarry. It is no defense that the second spouse was aware of the first marriage or that the first spouse knew of the second marriage.

n.

A mistake in taste for which the wisdom of the future will adjudge a punishment called trigamy.

Dansk (Danish)
n. - bigami, flerkoneri

Nederlands (Dutch)
bigamie

Français (French)
n. - bigamie

Deutsch (German)
n. - Bigamie, Doppelehe

Ελληνική (Greek)
n. - διγαμία

Italiano (Italian)
bigamia

Português (Portuguese)
n. - bigamia (f)

Русский (Russian)
двоеженство, двоемужие

Español (Spanish)
n. - bigamia

Svenska (Swedish)
n. - bigami

中文（简体）(Chinese (Simplified))
重婚, 重婚罪

中文（繁體）(Chinese (Traditional))
n. - 重婚, 重婚罪

한국어 (Korean)
n. - 중혼

日本語 (Japanese)
n. - 二重結婚, 重婚

العربيه (Arabic)
‏(الاسم) الجمع بين زوجتين أو زوجين‏

עברית (Hebrew)
n. - ‮נישואים כפולים, ביגמיה‬

If you are unable to view some languages clearly, click here.

To select your translation preferences click here.