Bigamy is the act of contracting or purporting to contract a marriage while a prior spouse is still living and the earlier marriage has not been legally dissolved. Under New York Penal Law § 255.15, bigamy is a Class E felony. New York’s sentencing law permits a sentence of up to four years for a Class E felony. Whether criminal liability applies in a specific case can depend on the facts and on available defenses, including the statutory affirmative defense that the defendant reasonably believed both parties were unmarried.
Manhattan family law attorney Ryan Besinque of The Law Office of Ryan Besinque helps clients navigate family law matters involving marriage validity, annulment, and divorce. If you or someone you know is dealing with a situation that may involve bigamy, our NYC divorce lawyer can explain your legal options and protect your rights.
This guide explains how the state defines bigamy, what penalties it carries, how it differs from polygamy, what defenses may apply, how bigamy affects divorce and annulment, and what steps you can take if you discover a spouse’s prior undissolved marriage. Call (929) 251-4477 to speak with Ryan Besinque about your situation.
How Does New York Law Define Bigamy?
New York Penal Law § 255.15 states that a person is guilty of bigamy when they contract or attempt to contract a marriage with another person while they have a living spouse, or while the other person has a living spouse. The statute treats the offense as complete at the moment of the marriage ceremony. This means bigamy is not considered an ongoing crime under New York law.
The key element is the existence of a valid, undissolved prior marriage at the time the second marriage takes place. A person who believed an earlier marriage had ended through divorce or annulment may still face legal problems if the dissolution was never legally finalized. In New York, divorce and actions to declare a marriage void are generally handled in the Supreme Court. Family Court may address related issues such as custody or support, and in some situations, may handle certain matrimonial issues only if they are referred from the Supreme Court.
It is also important to understand that New York Penal Law § 255.10 makes it a Class A misdemeanor to unlawfully procure a marriage license while having a living spouse. This means that even the act of applying for a new marriage license before legally ending a current marriage can lead to criminal charges.
What Are the Penalties for Bigamy?
Because bigamy is classified as a Class E felony under New York Penal Law, the potential penalties are serious. A conviction can result in up to four years in state prison. A judge may also impose probation, fines, or a combination of these penalties, depending on the circumstances of the case.
The following table summarizes the criminal charges related to bigamy and marriage fraud in New York.
| Offense | Statute | Classification | Maximum Penalty |
|---|---|---|---|
| Bigamy | Penal Law § 255.15 | Class E Felony | Up to 4 years in prison |
| Unlawfully Procuring a Marriage License | Penal Law § 255.10 | Class A Misdemeanor | Up to 1 year in jail |
| Unlawfully Solemnizing a Marriage | Penal Law § 255.00 | Class A Misdemeanor | Up to 1 year in jail |
Beyond criminal consequences, a bigamy conviction creates a permanent felony record. This can affect employment, professional licensing, immigration status, and housing applications. For individuals going through a divorce or custody dispute at the same time, a felony conviction may also influence how a court views credibility and decision-making.
Statute of Limitations
New York’s Criminal Procedure Law (CPL) § 30.10 sets a five-year statute of limitations for prosecuting Class E felonies. For bigamy, this five-year window begins on the date of the bigamous marriage ceremony itself. Because the crime is considered complete at the ceremony, the clock does not reset or pause regardless of how long the second marriage continues.
Once the five-year period expires, criminal charges can no longer be filed. However, civil remedies such as seeking an annulment remain available without a time limit. This distinction matters for individuals who discover a spouse’s prior marriage years after the wedding took place.
Key Takeaway: Bigamy carries up to four years in prison and a permanent felony record. Criminal charges must be filed within five years of the ceremony, but civil annulment actions have no deadline.
Our firm can help you understand the timeline for legal action in your case. Call (929) 251-4477.
How Is Bigamy Different from Polygamy?
Bigamy and polygamy are related but legally distinct concepts. Bigamy specifically involves entering into a marriage while a prior marriage remains legally valid, typically without the knowledge or consent of one or more parties. Polygamy, by contrast, refers to the broader practice of having multiple spouses simultaneously, often with the awareness and agreement of everyone involved.
In New York, the legally relevant issue is whether a person entered a marriage while a prior spouse was still living and the earlier marriage remained in force. New York recognizes only one valid marriage at a time, and a marriage is void if contracted by a person whose spouse from a former marriage is still living, unless a statutory exception applies. Polygamy is a broader social term, but the New York statutes at issue here focus on bigamy and void marriage.
Monogamy as the Legal Standard
New York law recognizes only monogamous marriage, meaning a person can be legally married to only one other person at a time. The New York City Clerk’s Office, which issues marriage licenses in Manhattan, requires applicants to confirm they are not currently married. Providing false information on a marriage license application is itself a criminal offense under Penal Law § 255.10.
Family Law Attorney in Manhattan – The Law Office of Ryan Besinque
Ryan Besinque, Esq.
Ryan Besinque, Esq., is a Manhattan family law attorney licensed to practice in both New York and California. Throughout his career, he has represented clients in divorce, custody, support, and family offense cases throughout the five boroughs and neighboring Westchester County and Nassau County. In addition to his private practice, he provides legal services to individuals through the Manhattan Assigned Counsel Panel.
Mr. Besinque takes a collaborative and communicative approach to family law, maintaining detailed communication and consistent availability for every client. He connects clients with child specialists, mental health professionals, and financial advisors when needed to ensure thorough representation.
What Are the Legal Defenses to a Bigamy Charge?
New York Penal Law § 255.20 provides a specific affirmative defense to bigamy charges. A defendant may argue that they acted under a reasonable belief that both they and the other person to the marriage were unmarried at the time. If the defense is successfully raised, it can result in dismissal of the charges.
This defense applies in situations where a person genuinely believed their prior marriage had been legally dissolved. For example, someone who signed divorce papers and believed the process was complete, but whose attorney never filed the final documents, may have a valid defense. The burden falls on the defendant to prove that their belief was objectively reasonable under the circumstances.
Other Potential Defenses
Additional defenses that may apply in bigamy cases include challenges to the validity of the first marriage. If the original marriage was itself void, meaning it was never legally valid due to issues like fraud, lack of capacity, or the absence of a proper ceremony, then a second marriage would not constitute bigamy. A family law attorney can review marriage records and court filings to determine whether this defense applies.
Documentation errors can also play a role. Mistakes in marriage certificates, divorce decrees, or court records may create confusion about a person’s legal marital status. For New York City marriages, record-keeping depends on the type of record involved: marriage records for licenses issued in New York City are handled through New York City authorities, while the New York State Department of Health keeps divorce certificates for all of New York State since 1963.
Key Takeaway: New York law provides an affirmative defense if the defendant reasonably believed both parties were unmarried. Challenges to the validity of the first marriage or documentation errors may also serve as defenses.
How Does Bigamy Affect Divorce and Annulment?
When bigamy is discovered, it raises questions about the validity of the second marriage. Under New York Domestic Relations Law, a bigamous marriage is considered void from the start. This means it has no legal effect, as though it never existed. However, courts still require a formal legal proceeding called a declaration of nullity, or annulment, to officially recognize that the marriage was void.
Unlike divorce, which dissolves a valid marriage, an action based on bigamy seeks a judgment declaring the marriage void because it was never legally valid. Under Domestic Relations Law § 140(a), an action to declare the nullity of a void marriage on the ground that a former spouse was living may be brought by either party during the lifetime of the other, or by the former husband or wife. Because timing can matter, the safer formulation is not that such an action may be brought “at any time,” but that New York law authorizes this type of nullity action under § 140(a).
Property and Financial Consequences
The financial impact of a bigamous marriage can be significant. Because the marriage is void, the parties may not have the same property division rights that apply in a standard divorce. However, New York courts have discretion to address equitable concerns, particularly when one party was deceived and made financial contributions to the relationship.
Child custody and support are handled separately from the question of marriage validity. Children born during a bigamous marriage have the same legal rights as children born during a valid marriage. Courts in Manhattan, including the New York County Family Court on Lafayette Street, address custody and support matters based on the best interests of the child, regardless of the parents’ marital status.
How Is Bigamy Detected and Reported?
Bigamy is often discovered through routine processes rather than active investigation. A person applying for a marriage license, filing taxes, updating insurance or benefits records, or going through a background check may trigger the discovery of a prior undissolved marriage. In New York City, where thousands of marriage licenses are issued each year, these checks are a standard part of the process. In some cases, a family member, former spouse, or acquaintance reports the situation to law enforcement.
The Manhattan District Attorney’s Office handles criminal bigamy cases filed in New York County. After a report is made, investigators may request marriage certificates, divorce records, and other documentation from the New York City Clerk’s Office or state vital records agencies. These records are the primary evidence used to establish whether a valid prior marriage existed at the time of the second ceremony.
What to Do If You Discover Your Spouse Is a Bigamist
If you learn that your spouse was already married when they married you, taking prompt legal action is important. You may pursue an annulment to have the marriage declared void, and you can also report the matter to local law enforcement if you wish to pursue criminal charges. Speaking with a family law attorney before taking any steps can help you understand how each option may affect your financial situation, custody arrangements, and immigration status.
Gathering documentation is an important first step. Marriage certificates for both marriages, any divorce or annulment records, and communications with your spouse about their prior marriage can all be relevant. Financial records showing joint accounts, shared property, or spousal support payments may also be important for protecting your interests.
Key Takeaway: Bigamy is typically discovered through document reviews, background checks, or reports from individuals who know about a prior marriage. If you discover your spouse committed bigamy, consult a family law attorney before taking action to understand your civil and criminal options.
What Evidence Is Needed to Prove Bigamy?
Building a bigamy case requires clear documentation showing that a valid prior marriage existed and had not been dissolved at the time of the second marriage. The most essential evidence includes the following:
- Marriage certificates for both the first and second marriages, establishing the timeline and confirming that both ceremonies took place
- Absence of divorce or annulment records proving that the first marriage was never legally terminated before the second ceremony occurred
- Witness testimony from individuals who can confirm knowledge of both marriages or the accused person’s awareness of their marital status
- Financial and tax records that may show the accused filing as married, listing a different spouse, or maintaining joint accounts with multiple partners
- Communications such as emails, text messages, or social media posts that reveal the accused knew about their existing marriage when they entered the second one
In New York courts, all evidence must meet standards of admissibility, including authenticity and relevance. Marriage and divorce records obtained from the New York State Department of Health or county clerk offices carry significant weight because they are official government documents. A prosecutor or attorney pursuing a civil annulment may also subpoena financial records and other documentation.
Can You Sue for Damages Related to Bigamy?
New York does not have a specific civil statute that allows a victim of bigamy to sue for monetary damages based solely on the act of bigamy. However, a person who was deceived into a bigamous marriage may have grounds to pursue legal claims under other theories, such as fraud. If the bigamist intentionally concealed their existing marriage to gain financial benefits, the deceived spouse may be able to recover losses.
In the annulment proceeding, the court can address financial matters, including the return of property, reimbursement for expenses, and attorney fees in some cases. Because a bigamous marriage is void, traditional equitable distribution rules may not apply in the same way they would in a divorce. However, courts have the authority to fashion remedies that address the circumstances fairly.
For individuals who made significant financial contributions during the bigamous marriage, such as helping to pay a mortgage, funding renovations, or supporting a business, pursuing recovery through civil litigation may be appropriate. A family law attorney can evaluate whether claims for fraud, unjust enrichment, or constructive trust may apply in your situation.
Key Takeaway: While New York does not have a standalone civil claim for bigamy, victims may pursue fraud claims or seek financial remedies through annulment proceedings. Courts can order the return of property and address financial losses caused by the deception.
What Should You Do If You Are Accused of Bigamy?
Being accused of bigamy is a serious matter that can affect your freedom, your family, and your reputation. The first step is to consult with an attorney who understands both the criminal and family law aspects of this offense. Because bigamy involves both a criminal charge and potential civil consequences, having legal guidance that addresses both sides is important.
If you genuinely believed your prior marriage was dissolved, you may have a valid affirmative defense under Penal Law § 255.20. Gathering evidence to support this belief, such as correspondence with a prior divorce attorney, signed agreements, or court filings, should be a priority. Do not discuss the details of your situation with anyone other than your attorney.
You should also be aware that a bigamy accusation can overlap with ongoing divorce, custody, or support issues and may complicate those matters. The legal effect will depend on the facts of the case and the issues actually before the court. Addressing the criminal and family law aspects together can help ensure a coordinated legal strategy.
Get Assistance from a Manhattan Family Law Attorney
Discovering that a marriage involves bigamy can turn your life upside down. Whether you are the person who was deceived, the person facing accusations, or someone trying to understand their legal options, the stakes are high. Your financial security, custody arrangements, and even your freedom may be affected.
Ryan Besinque has represented hundreds of clients in family law matters throughout Manhattan, Brooklyn, the Bronx, and Queens. At The Law Office of Ryan Besinque, our family law attorney handles annulments, divorce, custody disputes, and related matters. We work with clients at every stage, from filing annulment petitions with the New York State Supreme Court to negotiating property and custody arrangements.
Call The Law Office of Ryan Besinque at (929) 251-4477 for a consultation. Our office at 115 W 25th St, 4th Floor, in Manhattan serves clients throughout the five boroughs and the surrounding area. Legal concerns involving bigamy can be complicated, but we are here to help you evaluate your circumstances and respond effectively.
