What is Bigamy in Missouri?
Bigamy is a misdemeanor offense under Missouri law (RSMo §568.010), occurring when a person knowingly enters into a second marriage without legally dissolving the first one.
If you're under investigation or facing bigamy charges, don't wait. Call Combs Waterkotte at (314) 900-HELP now for a free, confidential consultation.
Key Aspects of Bigamy Charges
- Marriage to More Than One Person – A person cannot legally marry someone else while still legally married to another individual.
- Intent Matters in Missouri – A person does not commit bigamy if they:
- Reasonably believed they were eligible to remarry, such as in cases of misfiled divorce paperwork or misunderstandings about marital status.
- Entered into the second marriage under false information, such as being told their prior marriage was invalid.
- Knowingly Committing Bigamy – A person can be charged if they were aware that they were still legally married but proceeded with a second marriage anyway.
Missouri law provides a defense for individuals who reasonably believed they were legally eligible to remarry, such as those who thought a divorce was finalized or a prior marriage was void. However, the burden of proof is on you to prove that you thought you were allowed to remarry.
Penalties for Bigamy in Missouri
Under Missouri law, bigamy is a Class A misdemeanor, carrying serious legal and personal consequences. A conviction can result in:
- Up to 1 year in jail
- Fines up to $2,000
- Possible probation or community service, depending on circumstances
Bigamy Can Also Impact:
Even though bigamy is classified as "just" a misdemeanor, a conviction can still have major legal consequences beyond criminal penalties, including:
- Child Custody Disputes – A bigamy charge may be used as leverage in divorce or custody cases, affecting parental rights.
- Divorce Settlements – A bigamy conviction can influence alimony, property division, and spousal support claims.
- Immigration Status – For non-citizens, a bigamy conviction could lead to visa denials or even deportation.
Common Reasons People in St. Louis Face Bigamy Charges
Bigamy charges can arise from misunderstandings, paperwork errors, or false accusations. Many individuals accused of bigamy had no intent to commit a crime and may have reasonably believed they were legally eligible to remarry.
1. Clerical Errors in Divorce Filings
- A past marriage was never legally dissolved due to paperwork mistakes, missing signatures, or an unfiled court order.
- Example: A person assumes they are legally divorced but later finds out their divorce decree was never finalized.
2. Misunderstanding Legal Marital Status
- One spouse believed their divorce was complete, but it was not officially processed by the court.
- Example: Someone remarries based on a verbal confirmation from an ex-spouse or lawyer, unaware that final court approval is required.
3. Fraudulent Marriage Allegations
- A person is accused of bigamy as part of a vindictive divorce, child custody battle, or immigration dispute.
- Example: An ex-spouse claims bigamy to gain leverage in a legal proceeding or to interfere with a new relationship.
4. Religious or Cultural Marriages
- A person legally married to one spouse also participates in a religious or cultural marriage ceremony with another individual.
- Example: A person enters into a religious marriage that is not legally binding in Missouri but is later accused of bigamy.
Bigamy charges can result from legal misunderstandings. If you’ve been accused of bigamy in St. Louis, call Combs Waterkotte at (314) 900-HELP for an immediate criminal defense strategy.
