Facing bigamy charges can destroy your reputation, career, and family relationships.
Bigamy is a serious criminal offense that carries severe penalties, including decades in prison and substantial fines.
At the Law Offices of Richard C. McConathy, we understand the complexities of bigamy law in Texas and provide aggressive criminal defense for clients charged with bigamy throughout Dallas County.
With over 35 years of experience and more than 6,000 criminal cases handled, our experienced criminal defense attorney has successfully defended clients against complex family law charges.
We know that criminal bigamy cases often involve misunderstandings about divorce proceedings, common-law marriages, or when a previous marriage has been terminated.
Contact our Dallas bigamy lawyer today for a free, confidential consultation. We’ll listen to your story, explain your legal options, and help you take the next step toward protecting your rights and resolving your case with clarity and confidence.
What You Need to Know When Facing Bigamy Accusations
After a person marries in Texas, any subsequent marriage only becomes valid upon dissolution of the prior marriage, typically as the result of divorce or a spouse’s death.
In addition to legal complications concerning the validity of a marriage, alleged offenders who marry another person other than their legal spouse or people who knowingly marry people who are already married can be charged with bigamy.
💡 Many people are charged due to genuine misunderstandings, such as believing a prior divorce was finalized when it wasn’t.
Bigamy is defined under Texas Penal Code § 25.01 as occurring when a legally married person commits one of the following acts:
- Purports to marry or does marry a person other than his or her spouse in Texas, or any other state or foreign country under circumstances that would, but for the alleged offender’s prior marriage, constitute a marriage; or
- Lives with a person other than his or her spouse in Texas under the appearance of being married.
An alleged offender also commits bigamy if he or she knows that a married person other than his or her spouse is married and he or she:
- Purports to marry or does marry that person in Texas, or any other state or foreign country under circumstances that would, but for the other person’s prior marriage, constitute a marriage; or
- Lives with that person in Texas under the appearance of being married.
The phrase “under the appearance of being married” is defined as “holding out that the parties are married with cohabitation and an intent to be married by either party.”
Bigamy may be charged in various situations, including:
- Incomplete Divorce Proceedings: When a married person wants to marry another person and believes their marriage was dissolved, but the paperwork was never properly filed
- Common-Law Marriage Disputes: Situations where someone who is already legally married to someone else enters into what appears to be another marriage
- Out-of-State Marriage Issues: Cases where clients marry in another state within the U.S. without realizing their Texas marriage was still valid
- Religious Ceremony Confusion: When someone who is already married to someone else participates in religious ceremonies, believing they were not legally binding
Texas Bigamy Penalties and Legal Consequences
Bigamy is considered a felony offense in Texas, specifically a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000.
The penalty for bigamy can be enhanced if, at the time of the commission of the alleged offense, the person whom the alleged offender marries or purports to marry or with whom the alleged offender lives under the appearance of being married, is of a certain age.
Because bigamy is classified as a felony in Texas, it’s important to understand the broader implications of being charged with a felony offense—our felony charges page provides detailed information on potential penalties and your legal options.
| Age of the Other Party | Felony Level | Prison Term | Fine |
|---|---|---|---|
| 17 years old | Second-degree felony | Up to 20 years | Up to $10,000 |
| 16 years or younger | First-degree felony | Up to life or 99 years | Up to $10,000 |
A defendant may face additional legal issues beyond criminal penalties:
- Divorce proceedings and property acquired during the bigamous marriage
- Immigration consequences for non-citizens
- Professional license suspension or revocation
- Custody rights complications for children born during the marriage
- Nullity of marriage proceedings
- Social stigma and reputation damage
In some bigamy cases, related accusations—such as family violence—may arise, further complicating the legal defense strategy. Learn more about how we handle these sensitive allegations on our family violence charges page.
Legal Defenses Available in Bigamy Cases
Alleged offenders who are accused of marrying, purporting to marry, or living under the appearance of being married to another person—while still legally married—may raise a valid defense.
They can argue that, at the time of the alleged offense, they reasonably believed they and the other party were legally eligible to marry because their prior marriage was void or had been dissolved by death, divorce, or annulment.
💼 A strong defense may rely on proving a lack of intent or a reasonable belief that a prior marriage was legally dissolved.
Documentation Requirements for Defense
Such beliefs need to be substantiated by a certified copy of a death certificate or other signed document issued by a court. Our defense strategy includes:
Good Faith Belief Defense
When an accused can prove they reasonably believed their prior marriage was terminated through:
- Certified death certificates showing that their first spouse was deceased
- Divorce decrees with court seals
- Annulment orders to terminate or annul the previous marriage
- Court documentation proving dissolution
Lack of Intent
We challenge the prosecution’s ability to prove that the defendant knowingly committed the crime of bigamy, particularly in cases involving cultural or religious misunderstandings.
Common-Law Marriage Challenges
We examine whether alleged common-law marriages meet Texas legal requirements.
Procedural Defenses
We investigate whether law enforcement followed proper procedures during the investigation and arrest.
Texas Legal Precedents and Case Law
Stevens v. State - Common-Law Marriage in Bigamy Cases
In Stevens v. State, 243 S.W.2d 162 (Tex. Crim. App. 1951), the Court of Criminal Appeals of Texas reviewed the case of a man convicted of bigamy and sentenced to two years in prison. The man’s first marriage was a valid ceremonial marriage, but his second marriage was “made to depend entirely upon circumstances claimed to be sufficient to constitute a common-law marriage.”
The man appealed the decision on the basis that a common-law marriage cannot be a bigamous marriage, and the facts did not show a common-law marriage. The Court of Criminal Appeals, however, affirmed the judgment, writing:
“We remain convinced that the crime of bigamy may be predicated upon a common-law marriage.
The facts show, among other things, that appellant held out and introduced to others as his wife the woman alleged to be his common-law wife; that she introduced appellant as her husband; that they lived together; and that the wife became pregnant and, after the institution of this prosecution, gave birth to a child.
We are constrained to agree with the state that the facts warranted the jury’s conclusion that a common-law marriage is shown.”
Understanding Common-Law Marriage in Texas
For a common-law marriage to be legally valid in Texas, three elements must be present:
- Agreement to be married
- Cohabitation as husband and wife
- Representation to others as married
This precedent is vital because it establishes that bigamy charges can be based on common-law marriages, not just ceremonial marriages.
Legal Analysis: When Bigamy Becomes Complete
According to Texas criminal law, bigamy is a criminal offense that involves a married person’s act of marrying another person. In common law, the crime that involves bigamy occurs and is complete when the second marriage is accomplished.
For a defendant to be guilty of bigamy, sexual intercourse need not be proved. It is the conduct of the defendant in marrying a second time that constitutes the crime. The law forbids any abuse of the formal and solemn contract that came into existence with his/her first marriage.
Why Choose Our Dallas Bigamy Defense Team?
⏳ Early legal intervention increases the chances of dismissal or charge reduction, especially before prosecutors file formal charges.
- Over 1,000 cases dismissed in the Dallas-Fort Worth area
- 35+ years of criminal defense experience
- Serving 16+ counties throughout North Texas
- Handled thousands of criminal cases
When facing criminal bigamy charges, our law firm provides:
- Thorough investigation of all marriage records and legal documentation
- Expert witness testimony, when needed, regarding marriage validity
- Negotiation with the district attorney for reduced charges or dismissal
- Criminal trial preparation with a focus on statutory defenses
Our experienced attorney Richard C. McConathy understands that bigamy is considered a serious offense with potential consequences that extend far beyond the criminal charge itself.
Take Action to Protect Your Future
Facing bigamy charges requires immediate legal help. The prosecution has significant resources and will aggressively pursue a conviction. Don’t face these serious criminal charges alone.
If you have been charged with bigamy in North Texas, it will be in your best interest to make sure that you have legal counsel before making any kind of statement to authorities. Our criminal defense lawyer is dedicated to protecting the rights of people all over the Dallas-Fort Worth area who may also face legal consequences from bigamy allegations.
Contact the Law Offices of Richard C. McConathy today at 197-230-38867 or contact us online for a confidential consultation about your bigamy case.
Areas We Serve
We provide bigamy defense representation throughout Dallas County and surrounding areas, including:
- Dallas
- Irving
- Carrolton
- Richardson
- Garland
- Mesquite
- Grand Prairie
- Balch Springs
Frequently Asked Questions
What if I thought my marriage was dissolved before I remarried?
This may provide a strong defense under Texas law. We can investigate whether you had a reasonable belief, substantiated by proper documentation, that your marriage was legally dissolved.
Can I be charged with bigamy if I'm married to two people, but my first spouse was alive?
Yes, bigamy charges can be filed even if your lawful spouse is still alive. The key is whether you were still married when you entered into another marriage.
How does the prosecution prove bigamy?
To prove bigamy, the prosecution must show that you were legally married to another person when you entered into a second marriage or lived under the appearance of being married.
What if I believed my prior marriage was dissolved?
If you can prove that the defendant reasonably believed their prior marriage was terminated, this may serve as a valid defense.
Is bigamy always a felony?
In Texas, bigamy is always considered a felony, though it may be enhanced from a third-degree felony to a more serious offense based on the circumstances.
Can a bigamous marriage be valid?
No, a bigamous marriage may be declared void from the beginning, leading to the nullity of marriage proceedings.