It's Easy to Commit Bigamy in Tom Green County

The process to apply for a marriage license has changed drastically over the past few decades, but one thing remains the same - society and the law frown upon individuals marrying more than one person at a time.

Once upon a time, applying for a marriage license required taking blood tests and waiting up to several weeks before a couple could be issued a license. This ensured the couple didn't have any diseases, were not related, or currently married to another person.

The process now takes less than 10 minutes, and the only thing the prospective married couple has to do is show a valid ID and fill out a piece of paper. Tom Green County Clerk Elizabeth McGill explained that her office does not check public records to see if either party is currently married.

"That is a question that is on the application, and they have to sign an oath stating that the answers they gave us are true," she said. "If for some reason it's brought back to our attention, or it's contested in any way, and their answer proves to be false, that is a felony offense and they are prosecuted through the courts."

For one San Angeloan, not only did his not-quite-ex-spouse decide to take her chances with the court and apply for a marriage license prior to the divorce being finalized, but she was also married in Tom Green County.

W. Jackson explained that he discovered that his soon-to-be ex-wife had applied for a marriage license on January 6. She checked the box on the application that stated she wasn't currently married. However, she did not file for divorce from Jackson until January 11, five days later. The spouse then married on January 30, posting a photo of her signed and dated Tom Green County marriage license on social media.

Jackson, whose divorce has still not been finalized, stated that his attorney is aware of the situation and has copies of all documents.

"My lawyer did inform me that she had committed bigamy and that it's punishable," he said.

According to the Texas Penal Code, bigamy is a third-degree felony that is punishable by up to five years in prison and can sometimes be accompanied by a hefty fine. The "spouse" of the bigamist can sometimes be fined if they knew the person was already married.

District Attorney Allison Palmer stated, "Bigamy occurs if an actor is legally married to a person and marries, or holds themselves out as having married another person."

Although not having reviewed many bigamy cases, she said that they are "handled like any other case. [We] evaluate the evidence and determine if it is sufficient enough to proceed."

Seeing that bigamy is a criminal offense, whether Jackson or any other person in his situation wanted to pursue charges, is irrelevant.

"Our decisions are based on the evidence and not the wishes of any party to a case," said Palmer. "Somehow, the case would have to come to us for review. Presumably, then, the bigamous relationship would be reported to law enforcement who would investigate and send us the information they gather if they believe there is sufficient evidence for us to review."

Palmer added that if the actor's intent is to defraud or harm someone, and he or she knowingly makes a false entry in a governmental record, he or she could be committing a felony offense by tampering with a governmental record.

"There may be some question about whether the application would qualify as a governmental record, but that could be a state jail felony if the application qualifies as a governmental record," Palmer said.

Jackson added that establishing marriage license requirements might help, but then again, it all comes down to morals.

"Some people have a conscience and some people don't; some things are just up to you being a good person," Jackson explained. "I am not sure if making the marriage license harder to get will exactly help. What they do have in place right now is a law against being married to two people at the same time, and it is punishable. However, somebody has to step up and enforce it as well."