What is a bigamist? Here is the short answer:
A bigamist is a person who marries someone new while still legally married to another person. The second marriage is automatically void — meaning it has no legal standing — and the act of entering into it is a crime in every U.S. state.
| Term | Meaning |
|---|---|
| Bigamist | The person who enters a second marriage while still legally married |
| Bigamy | The criminal act of getting married while an existing marriage is still valid |
| Second marriage | Automatically void and can be annulled |
| First marriage | Remains valid and is unaffected |
This applies even if:
- You are legally separated (but not yet divorced)
- Your divorce is in progress but not yet final
- Your first spouse consents to the new marriage
Bigamy is not just a technicality. It is a felony in many states, carrying real prison time. And if you discover your spouse was already married when you wed them, you may face legal exposure too — depending on what you knew at the time.
Understanding bigamy matters whether you are protecting yourself from a fraudulent marriage, untangling a family law situation, or simply making sure your own remarriage is legally sound.
What Is a Bigamist? Definition, Meaning, and Legal Context
To understand the legal landscape of modern marriage, we first have to look at the terminology. While the word might sound like something out of a Victorian novel, bigamy remains a very real issue in 2026. In the eyes of the law, a bigamist is an individual who willfully enters into a marriage contract while their previous, lawful marriage remains in effect.
From a legal standpoint, this isn’t just a social “oopsie.” It is a criminal act. Because the United States operates on a system of monogamy, the law only recognizes one valid marriage at a time. Therefore, any subsequent marriage attempted by a person who is already married is considered “void ab initio”—a fancy Latin term meaning the marriage was invalid from the very beginning.
What is a bigamist in plain English?
If you are looking for a simple answer to the question, ” what is a bigamist?” think of it this way: it is someone who has two spouses at the same time.
In everyday conversation, we use the term to describe a person who lives a double life, perhaps with one family in Scottsdale and another in a different city, without either spouse knowing about the other. However, you don’t need a secret second family to be a bigamist. You simply need to sign a second marriage license before your first one has been legally dissolved by a court. The pronunciation is typically “big-uh-mist.”
Bigamist vs bigamy: what is the difference?
While these terms are often used interchangeably, they refer to different things:
- Bigamist (Noun): This refers to the person who commits the act. It is the individual who is doing the marrying.
- Bigamy (Noun/Act): This is the offense or the state of being married to two people at once. It is the legal classification of the crime.
Think of it like “thief” and “theft.” The bigamist is the actor, and bigamy is the action. In a courtroom, the prosecutor charges the defendant with the crime of bigamy because they are an alleged bigamist.
Bigamy vs polygamy: why they are not the same
It is a common mistake to confuse bigamy with polygamy, but in family law, the distinction is vital.
- Polygamy is a broader social or religious practice of having multiple spouses simultaneously. It is often a lifestyle choice where all parties may be aware of the arrangement.
- Bigamy is specifically the legal crime of entering a second marriage while the first is still valid.
While polygamy is the umbrella term for plural marriage, bigamy is the legal “trap” that catches people when they try to register those marriages with the state. For more details on how these differ in a courtroom setting, you can check out our guide on the difference between bigamy and polygamy.
Is Bigamy Illegal? Laws, Penalties, and State Examples
Yes, bigamy is illegal in all 50 states. It is generally classified as a felony, though the severity of the punishment and how aggressively it is prosecuted can vary depending on where you are. The law’s primary goal is to protect the sanctity of the marriage contract and prevent fraud.
Is bigamy illegal in the United States?
In the U.S., bigamy is a criminal offense that dates back to early English common law. Federal law, specifically the Edmunds Act, was even used historically to target de facto polygamy. Today, the main issue people face isn’t trying to start a commune; it’s remarrying before a divorce is “absolute.” If you have a “decree nisi” or are merely legally separated, you are still married. Remarrying at that stage makes you a bigamist in the eyes of the law.
Georgia bigamy penalties and the offense of marrying a bigamist
In Georgia, the laws are particularly strict. Under O.C.G.A. §16-6-20, a person commits bigamy if they marry someone while knowing their lawful spouse is still living. The penalty is a prison term of one to ten years.
Interestingly, Georgia also criminalizes the other side of the equation. If you are unmarried but you marry someone you know is already married, you are guilty of “marrying a bigamist” (O.C.G.A. §16-6-21). This also carries a potential 1-10 year sentence. The law requires “reasonable diligence”—you can’t just take someone’s word that they are divorced; you are expected to see the proof.
Arizona as an example: classification and statutory exception
Here in Arizona, where we serve clients in Scottsdale and Chandler, the law is found in A.R.S. § 13-3606. In our state, bigamy is a Class 5 felony.
However, Arizona law provides a specific statutory exception. You are generally not guilty of bigamy if:
- Your previous spouse has been absent for five successive years (without you knowing they were alive).
- You believed your previous marriage was legally dissolved or void.
Even with these exceptions, the legal fallout of an invalid marriage can be a nightmare for your assets and your children. You can learn more about the specifics of Arizona bigamist laws on our dedicated service page.
How Courts Prove Bigamy and What Defenses May Apply
Proving someone is a bigamist requires more than just showing two marriage licenses. The prosecution must establish specific “elements” of the crime.
Key legal elements required to prove bigamy
To get a conviction, the state generally must prove:
- A valid first marriage: The first marriage must have been legally binding. If the first marriage was actually void (for example, it was incestuous), the second marriage might not technically be bigamous.
- A second marriage ceremony: There must be an actual “marriage” event—signing a license or having a ceremony. Simply living with a boyfriend or girlfriend while married isn’t bigamy; it’s just adultery or cohabitation.
- The first spouse was alive: The prosecutor must show the first spouse was living at the time of the second wedding.
- Knowledge/Intent: The person must have known (or should have known) they were still married.
Common defenses to bigamy charges
If you find yourself facing these charges, there are several defenses we often explore:
- Reasonable Belief of Death: If your spouse disappeared years ago and you had every reason to believe they passed away.
- Reasonable Belief of Divorce: If you were told by a lawyer or a court that your divorce was final, but a clerical error kept the marriage “on the books.”
- The Seven-Year Rule (or Five in AZ): Many jurisdictions allow a defense if a spouse has been missing for a long period without any contact.
- Void Prior Marriage: If the first marriage wasn’t legal to begin with, you weren’t “married” when you entered the second one.
Real-world examples and case law lessons
History is full of accidental bigamists. Even President Andrew Jackson famously married Rachel Robards before her divorce from her first husband was finalized. They had to remarry later once the paperwork was actually complete.
In more modern cases, like Reikes v. State, defendants have been convicted because they relied on a lawyer’s word that they were divorced without ever seeing the final decree. The lesson? Never sign a new marriage license until you have the physical divorce decree in your hand.
What Happens to the Second Marriage and the Innocent Spouse?
When the truth comes out that one party is a bigamist, the legal “house of cards” usually collapses.
Is the second marriage valid if one party is a bigamist?
No. The second marriage is “void ab initio.” This means that in the eyes of the law, the marriage never happened. You don’t usually need a divorce for the second marriage because there is no marriage to dissolve; instead, you need an annulment.
An annulment is a court order declaring the marriage null and void. Unlike a divorce, which ends a valid marriage, an annulment confirms that a valid marriage never existed.
Marrying a bigamist vs committing bigamy
There is a major difference between being the one who lied and being the one who was lied to. If you married someone without knowing they were already hitched, you are the “innocent spouse.” You generally won’t face criminal charges. However, if you knew they were married and went through with the ceremony anyway, you could be charged with “marrying a bigamist,” as seen in Georgia’s statutes.
Family law consequences for property, support, and children
This is where things get messy. If a marriage is void, what happens to the house you bought together? What about the kids?
- Property: Some states use the “Putative Spouse Doctrine.” This protects an innocent person who believed in good faith they were married, allowing them to split property similarly to a legal divorce.
- Children: In most modern jurisdictions, children born of a bigamous marriage are still considered “legitimate,” and both parents still have child support obligations.
- Spousal Support: Because there was no legal marriage, getting “alimony” can be very difficult unless you can prove you were a putative spouse.
If you’ve realized your partner might have another family, it’s time to act. Read our guide on what to do if you discovered your partner is a bigamist.
Exceptions, History, and How to Avoid Unintentionally Committing Bigamy
While the U.S. is strictly monogamous, history and global law show a more complex picture.
Are there any exceptions or places where bigamy is allowed?
In certain Muslim-majority countries, polygamy is legally recognized under religious law. Interestingly, international diplomatic law sometimes allows diplomats from those countries to bring multiple spouses into the U.S. under special visas, though they cannot enter into new plural marriages while on American soil.
However, for the average citizen in Scottsdale or Chandler, there are no religious or cultural exceptions that override state criminal law.
How to avoid accidental bigamy before remarriage
Accidental bigamy is more common than you’d think. To protect yourself, follow this checklist:
- Wait for the Final Decree: Do not set a wedding date until the judge has signed the final divorce papers.
- Check for “Decree Absolute”: In some jurisdictions, there is a waiting period between the “nisi” (initial) decree and the “absolute” (final) decree.
- Verify Out-of-State Divorces: If your spouse was divorced in another country, ensure the U.S. recognizes that jurisdiction’s process.
- Perform a Records Search: If you have doubts about a new partner’s past, a public records search for prior marriage licenses is a small price to pay for peace of mind.
Red flags that someone may already be married
If you are dating someone and notice these signs, be cautious:
- They refuse to show you their divorce decree.
- They are “legally separated” for years but never finalize the paperwork.
- They have a “secret” phone or social media account.
- They are protective of their mail or home address.
- They travel frequently for “work” with vague details.
For more tips on identifying these situations, browse our bigamy category for more articles.
Frequently Asked Questions About What Is a Bigamist
Can you be a bigamist if you are only legally separated?
Yes. Legal separation is not divorce. You are still legally married to your spouse until a judge signs a final decree of dissolution. If you marry someone else while legally separated, you are committing bigamy.
Is consent from the first spouse a defense to bigamy?
No. Bigamy is a crime against the state’s marriage laws, not just a private matter between spouses. Even if your first wife or husband gives you their “blessing” to marry someone else, the state will still view the second marriage as a felony.
Can a void first marriage prevent a bigamy charge?
Potentially. If your first marriage was never legal (for example, you were underage or it was an incestuous union), you were never “legally married.” Therefore, the second marriage wouldn’t be bigamous. However, you would need a court to officially declare that first marriage void before you could safely rely on this as a defense.
Conclusion
Understanding what is a bigamist is the first step toward protecting your legal rights and your future. Bigamy isn’t just a plot point for a daytime talk show; it’s a serious legal complication that can void your marriage, jeopardize your property rights, and even land you in prison.
At High Desert Family Law Group, we provide aggressive and individualized representation for clients throughout Greater Scottsdale and Chandler, Arizona. Whether you need to file for an annulment because you discovered your spouse is a bigamist, or you need to ensure your divorce is 100% final before you move on to your next chapter, our team is here to help.
Don’t leave your marital status to chance. If you have questions about your current marriage or a potential bigamy situation, reach out to us for expert family law guidance. You can also explore more about these complex relationship dynamics in our polygamy category. We are here to help you navigate the high desert of Arizona law with confidence.
