....and then marries another man without first divorcing the woman, is he considered to be a bigamist according to the law?
2006-12-12 08:22:00 · 13 answers · asked by mstrywmn 7 in Politics & Government ➔ Law & Ethics
Technically, but it would depend on circumstance. The guy would have to have his marriage license in either Vermont or Mass. He would then have to have gotten married in one of the two states, most likely the other as the same state should have that on record before he gets married. So, pretty much only under those circumstances would it really be polygamy.
The thing is polygamy in the strictly legal sense happens more often than one might think.
In Colorado to be legally married all a man and a woman (referendum just passed making that the only legal marriage) have to do to be married is say that they are married. However, they have to get a formal and legally binding divorce. Just splitting up doesn't count, even if both people agree they are divorced. So technically, if the two people don't fill out the paperwork when they split up, they ca be charged with bygamy or polygamy if they marry anyone else. Althought there are not really any cases of this ever being tried.
2006-12-12 08:47:00 · answer #1 · answered by phoenixbard2004 3 · 1⤊ 1⤋
Yes, he would be a bigamist and in violation of the law. Unless the first marriage is legally terminated, it makes no difference if his second spouse is a man or a woman.
2006-12-12 16:31:46 · answer #2 · answered by Anonymous · 0⤊ 2⤋
Since there are very few states where this law would even appply... it isn't really an issue. But yes, in answer to your question, a marriage is a marriage regardless of to whom. So he would be a bigamist IN THAT STATE ONLY since no other states recognize same-sex marriage.
2006-12-12 16:36:27 · answer #3 · answered by Goose&Tonic 6 · 1⤊ 1⤋
No, unless the state recognizes gay marriage. So, it could technically, though, if the wife attempted to have him brought up on bigamy charges, I doubt that there would be any conviction; a court such as the ninth circuit would no doubt throw it out.
2006-12-12 16:31:50 · answer #4 · answered by jeffpsd 4 · 1⤊ 1⤋
Yes and also he is in breach of a contract and can be held liable for Half of what he owns or owned in the previous marriage
2006-12-12 16:25:39 · answer #5 · answered by Lab Runner 5 · 1⤊ 1⤋
Has Rosie told the world the truth ?
2006-12-12 16:25:47 · answer #6 · answered by #1 "Abuela" 4 · 0⤊ 0⤋
Given that gay marriage IS legal in some states (VT, MA?) this could happen. And yes- this would be bigamy and illegal.
2006-12-12 16:26:02 · answer #7 · answered by Morey000 7 · 2⤊ 1⤋
Only if gay marriage becomes legal.
2006-12-12 16:24:31 · answer #8 · answered by Anonymous · 2⤊ 0⤋
sorry.. but I just don't buy the line of those that claim they were one way.. confused.. or something for all those years.. but now, they've suddenly found their true selves.. Wife gets the kids, money.. evreything in my court.
2006-12-12 16:31:28 · answer #9 · answered by Anonymous · 0⤊ 1⤋
I'm sorry things didn't work out with your first husband.
2006-12-12 16:26:15 · answer #10 · answered by Anonymous · 0⤊ 1⤋