Bigamy vs. Polygamy

Families take many forms. However, family laws may limit how and when you can get married. State laws control the formation and dissolution of marriage. States also outlaw certain types of marriage, including bigamy and polygamy. Here, we provide an overview of bigamy and polygamy.

If you have any questions about bigamy or polygamy, contact an experienced family law attorney. They will answer your questions and offer legal advice. A lawyer can also represent you in legal proceedings.

Are Bigamy and Polygamy the Same Thing?

Bigamy and polygamy aren’t the same thing. Bigamy is marrying one person while still legally married to another spouse. It’s a criminal offense in most states. The first spouse or second spouse may or may not be aware that they are married to a bigamist.

Polygamy is having multiple spouses at the same time. Types of polygamy can be in various forms, such as polygyny (one man with multiple wives) and polyandry (one woman with multiple husbands). There can also be other forms of polygamous relationships.

Bigamy and polygamy only refer to legal marriages. There are no laws limiting cohabitation or relationships with more than two partners. Generally, adults can have any type of consenting relationship with one or multiple partners.

Why Are Bigamy and Polygamy Illegal in the USA? 

Bigamy and polygamy are illegal in all states. States outlaw bigamous marriages and polygamists for historical, social, and legal reasons. American religious and cultural norms have traditionally emphasized monogamous relationships. Both bigamy and polygamy were contrary to the monogamous values established by English common law.

Some religious sects condone polygamy. Polygamy is often associated with fundamentalist groups. Some groups continue these traditions despite legal prohibitions. 

Bigamy and polygamy are illegal to protect the traditional marriage institution. There are concerns about potential abuses, such as unequal treatment and exploitation of women. It can also prevent potential harm, such as financial exploitation, emotional abuse, and child neglect. Bigamy and polygamy can also complicate issues like inheritance, child support, and spousal rights.

What States Allow Bigamy?

No states in the U.S. legally allow bigamy. It’s illegal under both state and federal laws. However, enforcement and penalties can vary. Some states may impose harsher penalties than others. 

For example, in California, bigamy is a felony punishable by up to one year in county jail or state prison. In Utah, bigamy is a third-degree felony, but recent changes have reduced it to an infraction if it’s the only offense. It remains a felony if combined with other crimes. In most states, bigamy is a serious crime with potential jail time and fines.

Differences Between Bigamy, Monogamy, and Polygamy

There are some significant differences between monogamous and plural marriages:

• Bigamy: Marrying one person while still legally married to another
• Monogamy: Marrying one person at a time
• Polygamy: Having multiple spouses simultaneously, including the following types of polygamy:
  • Polygyny: One man with multiple wives
  • Polyandry: One woman with multiple husbands
  • Group marriage: Multiple husbands and wives are all married to each other

What Is Unicorn Polyamory?

Unicorn polyamory refers to a polyamorous relationship involving a couple and a third person, often a bisexual woman. The term is named ‘unicorn’ because such arrangements are rare and ideally involve equality and mutual consent among all parties. 

Legal Status of Bigamy and Polygamy in the United States

Bigamy and polygamy are illegal in all 50 states. The Supreme Court has ruled that polygamy isn’t protected under the Constitution. As a result, polygamous marriages are not legally recognized, and bigamy remains illegal across the country.

Mormon fundamentalist groups in Utah and Arizona have historically practiced polygamy. However, the mainstream Church of Jesus Christ of Latter-day Saints (LDS) officially renounced it in the 19th century. 

Polygamy in Other Cultures and Countries

While polygamy laws in the U.S. are strict, other cultures and countries have different approaches. In some Muslim countries and parts of the Middle East and Africa, polygamous marriages are legally recognized and culturally accepted. China had historical instances of polygamy, though it’s not legally recognized today.

Legal Considerations and Support

Understanding the complexities of bigamy and polygamy can be challenging. For more information about bigamy and polygamy laws, contact a local family law lawyer.