How is Bigamy Caught and What are the Consequences?
Bigamy, the act of marrying one person while still legally married to another, is considered a serious crime in the United States and most countries. Even if the second marriage occurred accidentally or in good faith, it is still considered illegal bigamy. So how do bigamists get caught, and what happens if they are?
Detecting Bigamy is More Common Than You May Think
You may be surprised at how frequently bigamy occurs and how adept law enforcement can be at uncovering it. According to the FBI, an estimated 15,000 to 20,000 active bigamy cases exist in the U.S. at any given time. With numbers like these, you can see why government agencies aggressively pursue fraud detection. But how do they catch so many perpetrators?
Attempted Marriage License Applications
One of the most common ways bigamists get caught is right on their marriage license application. When filling out the form to marry spouse #2, applicants must swear under oath that they are not currently married. If records show the person has an existing marriage, they can face perjury charges carrying 5+ years prison time in itself.
According to Amanda James, a family law attorney in Oklahoma, "Trying to utilize the marriage license system to commit bigamy often backfires. States carefully cross-reference the detailed application info against available databases."
Suspicious Activity Reports
Local authorities also field tips from suspicious friends, family members, and partners who may notice signs of bigamy. A suspicious lover who hired a private investigator to trail their partner uncovered a shocking double life in one memorable case. Officials take these reports seriously and will launch in-depth investigations if warranted.
Routine Record Checks
Bigamists also get caught through routine checks of public records. According to the Association of Certified Fraud Examiners, 40% of bigamy cases come to light when people apply for passports or attempt to enlist in the military. Changing your marital status on federal forms or insurance policies can also raise red flags prompting verification.
During divorce or child custody disputes, a person‘s marital history is closely examined, frequently revealing concurrent marriages. Tax filing time is another perilous period, as claiming multiple spouses can trigger IRS scrutiny.
Penalties and Consequences of Bigamy
If definitive evidence proves you committed bigamy, even accidentally, consequences can be severe. Let‘s examine some potential legal and personal ramifications:
Incarceration
Bigamy is classified as a felony in the majority of states, carrying lengthy prison sentences. According to federal statutes, you can face:
- Up to 5 years for each count of bigamy
- 10+ years if committed for immigration fraud
- Life imprisonment in exceptional cases
Actual sentencing varies by state. Texas hands down an average 4-5 years per bigamy conviction, while Utah gives 1-2 years. These harsh jail terms aim to deter fraudsters.
Fines
On top of jail time, stiff monetary fines are levied against those convicted of bigamy. In California, expect a fine up to $10,000 per bigamy count. In Idaho, penalties reach up to $50,000 based on the number of illegal marriages. It adds up fast – you could owe hundreds of thousands in fines for multiple instances of bigamy.
| State | Maximum Fine Per Count |
|---|---|
| California | $10,000 |
| Texas | $10,000 |
| Idaho | $50,000 |
Marriage Rights & Benefits Revoked
Any spouse or children from an illegal bigamous marriage lose legal rights and privileges. The marriage is considered invalid and void, along with any associated benefits.
According to divorce lawyer Mark Stevens, "Inheritance claims, custody arrangements, insurance coverage, and tax status are all subject to rejection following a bigamy conviction." Esteem within religious communities that condemned the unlawful marriages may also be damaged.
Asset Seizure
Authorities often seize assets purchased with funds fraudulently acquired through bigamous marriages. Homes, vehicles, jewelry, expensive purchases – anything traced to illegal activity – can be confiscated. Some states even seize assets as restitution for unknowing spouses victimized in the schemes.
Employment Struggles
Finding stable work after a bigamy conviction can prove challenging. Background checks show criminal records, making employers leery. Additionally, professional licenses can be revoked by oversight boards following felony convictions.
Vicky Lerner, a career coach, advises "Emphasizing rehabilitation efforts and voluntary community service can help bigamists demonstrate they‘ve changed and deserve a second chance."
Relationship Difficulties
Future romantic relationships may suffer as well. Once charged with bigamy, that stigma sticks making it tougher to remarry legitimately. Spouses may question your honesty while accusations could resurface during disagreements.
You may also have to disclose bigamy during future marriage license applications and on job background checks. This past deception can hinder building trust in new relationships.
Legal Recourse If You‘ve Been a Bigamy Victim
Discovering your spouse has maintained multiple concurrent marriages can be emotionally and financially devastating. Here are some tips on navigating this injustice legally:
Speak to a Lawyer Immediately
Consult an attorney experienced in family law and criminal defense. They can guide you in quickly taking the right steps to protect yourself. Defence lawyer Janet Sieder suggests trying to "coordinate with prosecutors to use your testimony to prove your spouse‘s guilt while minimizing further trauma."
File For Divorce Right Away
Don‘t wait – meet with your lawyer and file to dissolve the marriage ASAP. Even if you still care for your spouse, allowing the fraudulent marriage to continue leaves you in legal jeopardy. Guard your assets and future.
Separate Finances
Open new personal bank accounts and credit cards, transferring existing assets out of joint accounts. Update titles on property, vehicles and investments. Don‘t commingle anything new with jointly owned assets to simplify division later.
Gather Evidence
Keep thorough records of everything related to the case. Save communications, photos, or notes your spouse left behind providing proof. Screenshot social media posts or texts alluding to the illegal marriage. Evidence will further support conviction.
Seek Emotional Support
Being deceived so intimately can cause immense stress and self-doubt. Seek counseling and lean on friends, family, church groups or local support networks. Prioritize self-care and don‘t be afraid to ask for help – you are not alone.
Limit Contact if Needed
In extreme cases, like if your spouse becomes threatening, obtain a restraining order through your lawyer. While no contact can help you move on, be aware your testimony may still assist prosecutors.
Cooperate With Authorities
Even if hesitant, try to cooperate with police and prosecutors in building a case against your spouse. Your first-hand experience provides crucial evidence for convicting them of bigamy or related charges. Though painful, preventing future harm to others can help the healing process.
While being the victim of bigamy has likely shattered trust, know that this too shall pass. Obtain prompt legal help and emotional support to regain your personal power.
Avoiding Bigamy Yourself
If you‘re considering marriage again post-divorce or loss of a spouse, avoid an accidental bigamy charge with these steps:
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Carefully review your marital history and research local bigamy laws so you fully understand the jeopardy of remarrying too quickly.
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Before any wedding, have a lawyer thoroughly examine your marital and divorce records to validate your single status.
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When applying for licenses or benefits, disclose your complete marital history honestly to avoid discrepancies.
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Take time between marriages – don‘t rush into another commitment until the previous union fully legally dissolved.
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If concerned about your eligibility to remarry, request an official letter from the court affirming your divorce or annulment is finalized.
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Discuss your situation openly with your new partner – hiding anything related to past marriages will only undermine trust.
With a little diligence, you can ensure your next marriage begins with joy and integrity instead of deception. While ending one life partnership comes with enough complexity, don‘t compound it by accidentally committing bigamy along the way. Protect yourself and your loved ones by confirming your divorced status before walking down the aisle again.