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bigamy????

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concerned vet

Junior Member
What is the name of your state (only U.S. law)? tx
can one be charged under article 134 if he married one year before the divorce from the first wife was final and is there a statue of limitations?
 
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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? tx
can one be charged under article 134 if he married one year before the divorce from the first wife was final and is there a statue of limitations?
If he was married when he got remarried, he committed bigamy. Based on your words, bigamy was committed.
 

LdiJ

Senior Member
If he was married when he got remarried, he committed bigamy. Based on your words, bigamy was committed.
There is one possible exception to that, which probably doesn't apply here but its worth mentioning. In TX you have up to 2 years to assert a common law marriage and attempt to force a divorce and division of property. If, for example, he did not believe that he was married at common law nor know that his ex intended to assert a common law marriage, and his ex asserted a common law marriage AFTER his "remarriage", he probably would not be considered to have committed the crime of bigamy.
 

FlyingRon

Senior Member
Bigamy has an SOL of seven years in most cases (when the second spouse is not under 18, otherwise ten years).
Note, that the statute covers not only the act of getting married, but living as a married couple, so he continues to commit the offense (and hence the statute hasn't started running) as long as he lives with the person with the appearance of being married.
 

Zigner

Senior Member, Non-Attorney
Note, that the statute covers not only the act of getting married, but living as a married couple, so he continues to commit the offense (and hence the statute hasn't started running) as long as he lives with the person with the appearance of being married.
Not true in this case. The divorce was final 1 year after the 2nd "marriage" occurred. The 2nd marriage, while void, became valid when the prior marriage was dissolved and they continued to live as husband & wife & represented to others that they are married.


Texas Statutes - Section 6.202: MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE

(a) A marriage is void if entered into when either party has an existing marriage to another person that has not been dissolved by legal action or terminated by the death of the other spouse.

(b) The later marriage that is void under this section becomes valid when the prior marriage is dissolved if, after the date of the dissolution, the parties have lived together as husband and wife and represented themselves to others as being married.


Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.


(From http://codes.lp.findlaw.com/txstatutes/FA/1/C/6/C/6.202 )
 

FlyingRon

Senior Member
OK, then the statute runs from the date of the first divorce then. It's still not the date of the second wedding.

But that's only TEXAS law.


I see now that the reference to Article 134 refers to the UCMJ. It's only five years form the time the bigamous marriage was in effect then.
 
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Zigner

Senior Member, Non-Attorney
OK, then the statute runs from the date of the first divorce then. It's still not the date of the second wedding.

But that's only TEXAS law.


I see now that the reference to Article 134 refers to the UCMJ. It's only five years form the time the bigamous marriage was in effect then.
True, was only referring to TX law.
 

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