Bigamy in New Jersey: Laws, Penalties, and Defenses

Bigamy, marrying someone while already legally married, is a criminal offense in New Jersey. This article outlines New Jersey’s bigamy laws, including what defines the offense and its legal consequences.

Criminal Classification and Charges

New Jersey law, N.J.S.A. 2C:24-1, defines bigamy as entering into another marriage while already married.¹ This also applies to a person who marries someone knowing that individual is committing bigamy. Bigamy is a disorderly persons offense, which is less severe than an indictable crime (New Jersey’s version of a felony) and is handled in municipal court. A conviction for bigamy results in a criminal record.

Statutory Elements for Liability

For an individual to be held liable for bigamy, the prosecution must establish several specific elements beyond a reasonable doubt.²

Prior Valid Marriage

To prove bigamy, there must be a prior valid marriage. This means the accused was legally married when they entered into a second marriage. New Jersey recognizes valid marriages from other states or countries. The first marriage must still be active, meaning it hasn’t been ended by divorce, annulment, or the death of a spouse. Simply being separated does not legally end a marriage.

Second Marriage

The prosecution must also prove the individual entered into a second marriage. This involves actions like obtaining a marriage license and having a wedding ceremony. It doesn’t matter if this second marriage is legally void because of the first one; the act of entering into it is what counts.

Intent

While New Jersey’s bigamy law doesn’t explicitly state a required mental state like “knowingly” for the already married person, state criminal law principles often imply one. For an offense like bigamy, if no specific mental state is listed, it’s often understood that the person must have acted “knowingly” concerning their actions and the circumstances. This means the individual likely needed to be aware they were already married and aware they were entering a new marriage.³ The availability of certain defenses, such as a reasonable belief that a prior marriage was dissolved, also points to the importance of the defendant’s state of mind.

Evidence Requirements

The state must prove bigamy beyond a reasonable doubt, convincing the judge that the defendant committed the offense.

Official documentation is key. Certified copies of marriage certificates from the first marriage establish its existence, and similar documents for the subsequent marriage prove the second one. Marriage certificates are considered reliable records in court. Testimony from witnesses or officials involved in the ceremonies can support this documentary evidence.

Other evidence might be needed. To show the first marriage was still active, the prosecution could demonstrate the absence of a divorce decree or annulment through court record searches. If the defense questions the defendant’s awareness of the first marriage’s status, the prosecution might introduce communications or actions by the defendant that indicate they knew the first marriage was ongoing.

Penalties and Sentencing

A bigamy conviction is a disorderly persons offense and carries penalties. These can include imprisonment for up to six months.⁴

A fine of up to $1,000 may also be imposed, either with or instead of jail time.⁵ The judge decides the fine based on the case and the defendant’s ability to pay. Other penalties can include probation, requiring supervision and following court orders, or community service.⁶ The municipal court judge determines the final sentence based on the specifics of the case.

Possible Defenses or Affirmative Exceptions

New Jersey law allows for several defenses to a bigamy charge:

The accused reasonably believed their prior spouse was deceased when they remarried.
The accused and their prior spouse lived apart for five consecutive years before the second marriage, and the accused did not know the prior spouse was still alive during that time.
A court issued a judgment that seemed to end the prior marriage (like a divorce decree), and the accused did not know this judgment was invalid.
The accused reasonably believed they were legally able to remarry. This belief must be one that a reasonable person in their situation would have.

These are affirmative defenses, meaning the defendant usually needs to provide evidence to support them.

Additionally, New Jersey can only prosecute bigamy if the second marriage ceremony took place within the state. If the ceremony occurred elsewhere, New Jersey courts do not have jurisdiction, even if the person lives in New Jersey or their first marriage was there.

Family Court Proceedings

Bigamous marriages also have consequences in family law. A marriage entered into while one person is already married is considered void from the start, meaning it was never legally valid.⁷ Anyone involved—either person in the bigamous marriage or the spouse from the first valid marriage—can ask the Family Court for an annulment to officially declare the second marriage void.

An annulment confirms the marriage was never valid, different from a divorce which ends a legal marriage. To get an annulment, proof of the first, still-active marriage at the time of the second marriage is required.

A void marriage affects issues like property division. Standard rules for dividing property in a divorce might not apply. However, courts can make financial orders based on fairness, especially if one person entered the marriage in good faith without knowing about the bigamy. Alimony may also be handled differently, though courts can consider it in annulment cases, particularly if the person seeking support acted in good faith.⁸ Issues of child custody and support for any children from the bigamous relationship are decided based on the children’s best interests, just as in other family law cases.⁹