Bigamy remains a serious offense under California family law, even though many people misunderstand what the term actually means. While polygamy is often discussed in cultural or historical contexts, bigamy is the specific legal issue that directly affects marriages in California—including issues related to divorce, custody, property division, and marital validity.
If you’re concerned your marriage may be affected by bigamy in Los Angeles, Orange County, Riverside County, or anywhere in California, it’s important to understand your rights and next steps.
What Is Bigamy Under California Law?
Bigamy in California is a criminal offense defined and governed primarily by Penal Code sections 281.
It means entering into a new marriage or domestic partnership while a previous marriage is still legally active.
From a family law perspective, this means:
- Your second marriage is not valid under the California Family Code §2201 classifies such marriages as “void”—meaning they were never legally valid in the first place and
- You may not need a divorce — but instead may qualify for an annulment.
Is Bigamy Illegal in California?
Yes. Bigamy is a criminal offense in California, categorized under Penal Code §281. It can result in fines, imprisonment, and long-term legal consequences, especially when fraud or intentional concealment is involved.
From a family law perspective, the second marriage is automatically invalid, which leads to complications involving:
- Divorce or annulment
- Child custody
- Spousal support
- Community property division
- Immigration consequences
- Marital status correction in public records
How Bigamy Affects Divorce & Family Law Cases in California
Bigamy doesn’t just invalidate a marriage — it affects nearly every aspect of the marital relationship under California family law. Even though a bigamous marriage is legally void, there are still family law processes that may be required.
1. Annulment Instead of Divorce
A bigamous marriage must be resolved through annulment, not divorce.
Annulment effects:
- The marriage is treated as if it never happened
- No community property rights
- No entitlement to spousal support
- No rights to the other party’s retirement or benefits
- Limited rights to property acquired during the relationship
However, in some situations, individuals in a bigamous marriage may still pursue contract-based claims, depending on their contributions to assets or finances.
2. Property Division Is Very Different
Because the marriage is void:
- Community property laws do not apply
- Each party generally keeps its own income and assets
- Shared purchases may require mediation, negotiation, or civil legal action
Family courts may still intervene when fairness requires it, but outcomes vary by case.
3. No Right to Spousal Support
California only awards spousal support in valid marriages.
Because bigamous marriages are invalid:
- Neither party is legally eligible for spousal support
- Temporary support (during the case) also does not apply
The only exception is when a spouse proves they’re a putative spouse — someone who genuinely believed the marriage was valid. In that case, limited financial rights may be granted.
4. Child Custody and Child Support Still Apply
Even though the marriage is void, children remain fully protected under California law.
Family courts may issue orders for:
- Legal and physical custody
- Parenting time
- Child support
- Medical and educational decisions
Children of a bigamous marriage have the same rights as children born to legally married parents.
How Bigamy Impacts Divorce Proceedings
In many cases, bigamy is only discovered once one spouse attempts to file for divorce. Instead of a divorce petition, the court will require an annulment filing.
Bigamy may affect:
- Waiting periods for ending the relationship
- Eligibility for property claims
- The ability to request financial support
- How long the court process take
When bigamy is involved, immigration statuses, taxes, and benefits may also need to be corrected.
Criminal Consequences: What You Should Know
Although bigamy is a family law issue, it is also a crime.
Penalties may include:
- Up to 1 year in jail
- Up to $10,000 fines
- Probation
- Additional fraud-related charges in serious cases
However, many bigamy cases are the result of unintentional mistakes, such as incomplete divorce paperwork or misunderstandings about a prior spouse’s status.
Common Situations That Lead to Bigamy in Family Law Cases
Most bigamy cases discovered during divorce or separation involve misunderstandings such as:
- A prior divorce that was never finalized
- Marriage paperwork errors
- A spouse who believed their first spouse was deceased
- Cultural or international marriages that were never legally dissolved
- Court records that were never properly filed
These situations still require legal resolution, but they may also serve as defenses in criminal proceedings.
Do You Need an Attorney for a Bigamy-Related Case?
Absolutely! Bigamy cases are legally complex and involve both criminal law and family law, including:
- Annulment procedures
- Custody and support orders
- Property rights
- Putative spouse claims
- Correcting marital status across government agencies
A family law attorney can guide you through the process and protect your rights.
Speak With a California Family Law Attorney
If you’re facing a situation involving bigamy — whether through a spouse, former partner, or your own marital circumstances — a California family law attorney can help you:
- Confirm your marital status
- File for an annulment
- Protect your property and parental rights
- Understand potential criminal implications
- Resolve custody or support disputes
CONCLUSION
Bigamy creates serious legal issues in California, especially when it affects your marital status, property rights, or your ability to file for divorce. Because bigamy makes a marriage void, the process is very different from a traditional divorce. Questions about annulment, child custody, financial support, and property ownership often arise — and each requires precise legal handling under the California Family Code.
If you live in California and believe your marriage may be impacted by bigamy, getting legal guidance quickly is critical. A local California family law attorney can confirm your marital status, advise whether you qualify for an annulment, protect your financial interests, and help you navigate custody or support issues. Early legal advice is the strongest step you can take to protect your future and avoid long-term complications.
Frequently Asked Questions (FAQ) — California Bigamy Guide
1. Do I need a divorce in California if my marriage involved bigamy?
No. Under California law, a bigamous marriage is void, so you typically file for an annulment, not a divorce. Annulments eliminate the marriage as if it never legally existed.
2. Can I receive spousal support if my bigamous marriage happened in California?
Usually no. Because the marriage is invalid, spousal support is not available, unless you qualify as a putative spouse — someone who reasonably believed the marriage was legal.
3. How does California handle property when a marriage is annulled for bigamy?
California’s community property rules do not apply in a bigamous marriage. Each person generally keeps their own assets. Any shared property requires negotiation or separate civil action.
4. Are children affected if their parents’ marriage was bigamous?
No. In California, children have full legal protections regardless of the parents’ marital status. Courts still issue orders for custody, visitation, and child support.
5. Can someone unintentionally commit bigamy in California?
Yes. Common causes include an unfinished divorce, a missing court filing, marriage paperwork errors, or mistaken belief that a prior spouse was deceased.
6. What should I do if I suspect my spouse is already married in California?
Do not confront them immediately.
Instead:
- Gather marriage or divorce documents
- Check public records if appropriate
- Contact a California family law attorney for guidance
This protects your rights before any legal action begins.
7. Can bigamy lead to criminal charges in California?
Yes. Bigamy is a criminal offense under California Penal Code § 281. Penalties may include fines, jail time, probation, and related fraud charges in more complex cases.
8. How do I confirm whether my marriage is legally valid in California?
A California family law attorney can review:
- Marriage certificates
- Divorce decrees
- Court filings
- Public records
This ensures you understand your true marital status before filing for divorce or annulment.
