Entering into a marriage while a previous one is still legally valid is known as bigamy. This act carries legal consequences in New Jersey, impacting a person’s criminal record and the legal standing of the subsequent marriage.
Defining Bigamy Under New Jersey Law
New Jersey statute N.J.S.A. 2C:24 defines bigamy as contracting a marriage or entering a civil union while already having a living spouse or partner.1Justia Law. New Jersey Revised Statutes Section 2C:24-1 (2024) – Bigamy The law can apply to both the person who is already married and the unmarried individual who enters into the union.
The law provides for specific affirmative defenses. A person may not be found guilty if they reasonably believed their prior spouse was deceased. Another exception applies if the prior spouse has been continuously absent for five years, and during that time, the individual did not know their spouse was alive.
A third defense exists if a court issued a judgment that purported to end the previous marriage, such as a divorce or annulment. If the person who remarries is not aware of any defect in that judgment that would render it invalid, they may be protected from a bigamy charge.
Criminal Offense of Bigamy in New Jersey
In New Jersey, bigamy is classified as a disorderly persons offense, which is a less serious offense under state law. To secure a conviction, the state must prove that the person knowingly contracted a new marriage while aware of their existing marital status. A conviction carries a maximum penalty of up to six months in jail and a fine of up to $1,000.2Justia Law. New Jersey Revised Statutes Section 2C:43-3 (2024) – Fines and Restitutions3Justia Law. New Jersey Revised Statutes Section 2C:43-8 (2024) – Sentence of Imprisonment for Disorderly Persons Offenses and Petty Disorderly Persons Offenses
Legal Status of a Bigamous Marriage in New Jersey
A marriage entered into while one party has a living, undivorced spouse is considered “void ab initio” under New Jersey law. This means the marriage is treated as void from the beginning, as if it never legally existed. The basis for this is found in the grounds for annulment under N.J.S.A. 2A:34, which allows a judgment of nullity when a party had a living spouse at the time of the marriage.
Because the marriage is void, it does not create the typical legal rights and responsibilities of a valid marriage, such as rights to inheritance or alimony.
This “void” status is distinct from a “voidable” marriage. A voidable marriage is considered valid until a court declares it invalid for reasons like fraud or duress. A bigamous marriage, however, is invalid from its inception without needing court action to declare it so, though a court proceeding is necessary to formally document its nullity.
Obtaining an Annulment for a Bigamous Marriage
To formally nullify a bigamous marriage, an individual must file for an annulment with the Superior Court, Chancery Division, Family Part. At least one of the parties must live in New Jersey when the complaint is filed.
Required Information and Documents
To complete the Complaint for Annulment, you will need to gather several items.
- A certified copy of the marriage certificate for the existing, prior marriage.
- A certified copy of the certificate for the subsequent, bigamous marriage.
- Proof that the first marriage was never legally dissolved, such as a certified statement of no record of divorce from the relevant courts.
- Personal information for both parties, including full names, current addresses, and dates of birth.
The Court Process
After filing the complaint, the defendant spouse must be formally “served” with a copy of the complaint and a summons, which provides legal notice of the action. The defendant then has a specific period to file a response with the court.
If the defendant agrees to the annulment or fails to respond, a judge may enter a Judgment of Annulment. If the annulment is contested, the court will schedule a hearing where both parties can present evidence before a judge makes a final decision.