Bigamy in New Jersey: Laws, Penalties, and Legal Consequences
Explore how New Jersey addresses bigamy through legal definitions, criminal penalties, and the broader impact on personal and legal relationships.
Bigamy, the act of marrying someone while already legally married to another person, remains a criminal offense in New Jersey. While uncommon, prosecutions occur and carry significant legal repercussions. Understanding the state’s approach to bigamy is relevant for those navigating complex marital situations and for comprehending the enforcement of marriage laws.
This overview examines New Jersey’s bigamy laws, potential penalties, and related legal consequences.
Legal Criteria Under State Law
New Jersey law defines bigamy through specific actions related to marital status. The core statute, N.J.S.A. 2C:24-1, states that a person commits bigamy if they contract or purport to contract another marriage while already legally married.1Justia Law. N.J. Stat. § 2C:24-1 Bigamy A crucial element is the existence of a prior, valid marriage that has not ended through death, divorce, or annulment when the subsequent marriage ceremony occurs.
Prosecutors must prove that the individual was lawfully married when they attempted to marry a second person. The law also holds an unmarried person accountable if they knowingly marry someone who is already married. Awareness of the existing marriage is key for charging the unmarried participant under N.J.S.A. 2C:24-1(b).
Penalties for a Bigamy Conviction
In New Jersey, bigamy is classified as a disorderly persons offense under N.J.S.A. 2C:24-1. This category includes less serious offenses typically handled in municipal court, as opposed to more severe indictable crimes heard in Superior Court.
As a disorderly persons offense, a conviction carries potential penalties outlined in the state’s Code of Criminal Justice. N.J.S.A. 2C:43-8 allows for a jail sentence of up to six months.2Justia Law. N.J. Stat. § 2C:43-8 Sentence of Imprisonment for Disorderly Persons Offenses Financial penalties are also possible; N.J.S.A. 2C:43-3(c) permits a fine of up to $1,000.3WomensLaw.org. N.J. Stat. § 2C:43-3 Fines and Restitution Additional court costs or assessments, such as those mandated by N.J.S.A. 2C:43-3.1 for victim compensation and public safety funds, may also be imposed.
Effect on Marital Status
When a person enters a second marriage while a valid first marriage exists, New Jersey law considers the subsequent marriage void from the outset. Legally, the second marriage never existed. The first marriage remains valid until properly dissolved by divorce, annulment, or death.
The legal basis for this is found in N.J.S.A. 2A:34-1(a), which allows a court to grant an annulment if either party had a living spouse or partner at the time of the second marriage.4Justia Law. N.J. Stat. § 2A:34-1 Causes for Judgments of Nullity Because the law automatically deems such marriages void, a court order is not strictly required to nullify it.
Parties often still seek a formal judgment of nullity (an annulment) from the Superior Court to obtain legal certainty and resolve related matters. An annulment confirms the marriage’s invalidity, which can be important for clarifying property rights or addressing issues of parentage and support if children were born during the relationship. New Jersey law protects the legitimacy of children born from a void marriage, and courts can still determine custody and child support.
Law Enforcement Investigations
Investigations into potential bigamy in New Jersey usually begin after a complaint, often from an affected spouse, is filed with local police. Officers gather initial details about both alleged marriages, including dates, locations, and identities.
The investigation focuses on verifying the legal status of both marriages according to the elements defined in the bigamy statute. Investigators collect evidence, primarily certified copies of marriage certificates and proof that the first marriage was not legally dissolved before the second ceremony occurred. This may involve searching court and vital statistics records, potentially across multiple jurisdictions. Witness statements can also be part of the evidence.
If local police compile sufficient evidence suggesting bigamy, the case is referred to the county prosecutor’s office, which handles criminal prosecutions (N.J.S.A. 52:17B-109). Prosecutors review the evidence to determine if probable cause exists to charge someone with bigamy. They assess whether the evidence meets the statute’s requirements – specifically, that a married person entered a second marriage, or an unmarried person knowingly married someone already married. Based on this review, the prosecutor decides whether to file a formal complaint for a disorderly persons offense.
Defenses in Criminal Proceedings
Individuals charged with bigamy under N.J.S.A. 2C:24-1 have specific defenses available under New Jersey law. These defenses recognize circumstances where the accused might have entered the second marriage without criminal intent.
The statute itself outlines these defenses. N.J.S.A. 2C:24-1(a)(1) provides a defense if the accused “reasonably believed that the prior spouse was dead.” The defendant must show this belief was reasonable given the circumstances known at the time of the second marriage.
N.J.S.A. 2C:24-1(a)(2) offers another defense if the accused “reasonably believed that he was legally eligible to remarry.” This often applies in cases involving a prior divorce or annulment where the defendant reasonably thought the previous marriage was legally terminated, perhaps based on documents later found invalid or incomplete. The focus is on the reasonableness of the belief when the second marriage occurred.
“Reasonable belief” is judged by what an ordinary person might conclude under similar circumstances. It requires some objective basis, even if mistaken. To use these statutory defenses, the defendant must present evidence supporting the reasonableness of their belief about the spouse’s death or their eligibility to remarry.
Statute of Limitations
New Jersey law sets deadlines, known as statutes of limitation, for initiating criminal prosecutions. For bigamy, classified as a disorderly persons offense (N.J.S.A. 2C:24-1), a specific time limit applies.
Under N.J.S.A. 2C:1-6(b)(2), prosecution for a disorderly persons offense must begin within one year after the offense is committed.5Justia Law. N.J. Stat. § 2C:1-6 Time Limitations The offense of bigamy is generally considered committed on the date the second marriage ceremony takes place, as this is when the illegal act defined by N.J.S.A. 2C:24-1 occurs. The one-year clock typically starts running from this date, according to N.J.S.A. 2C:1-6(c).
Prosecution formally begins when a warrant or summons is issued, provided it is executed promptly (N.J.S.A. 2C:1-6(d)). Certain situations can pause, or “toll,” this one-year period. N.J.S.A. 2C:1-6(f) states the clock stops if the accused is fleeing justice. The limitation period also pauses under N.J.S.A. 2C:1-6(e) if another prosecution for the same conduct is already underway in the state. These tolling provisions can extend the time frame for prosecution beyond the standard year.
