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."
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who cares? its got nothing to do with the government and shouldnt be regulated. there's only two possible situations:
1.) Marriage is strongly right or wrong in a moral context based on the category and count of members in the marriage.
2.) Marriage is a right and a liberty without any reason to impede consenting adults of any variety at all. Bigamy, gay, incest, objectophilia or maybe you want to marry yourself -- whatever floats your boat.
Remember freedom, liberty, separation of church and state, pursuit of happiness? If we're in a type 1 scenario then SOCIETAL PRESSURE, not government action, is all that matters and the only way to have any real impact.
If we're in a type 2 seconario, then societal pressure is still all that matters but there'd be no reason to apply such pressure.
Either way, there's no constitutional reason to deny marriages between consenting adults as a matter of legal policy. The US, Texas and county governments don't have a right to interpret scientific and social impacts of that choice for an individual. Back off.
This is one of the only areas of law we allow to remain in the spirit of Salem witch trials. There's no precedence supporting current law; only prejudice and lack of representation.
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Permalinkif husband #1 had consented to this arrangement, but since he apparently didn't even know about it in advance he couldn't possibly have consented to it, and apparently doesn't consent to it now either, so at least one of the parties to this polygamous situation didn't consent to it. I wouldn't be surprised if husband #2 was in the dark as well, and he should thank his lucky stars he dodged this bullet. Kind of difficult for me to say the government should consider this a matter between consenting adults when the elements of consent are completely lacking here.
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Permalinkthis just goes to show it has NOTHING to do with law or ethics but ONLY money. Penal CODE it not actually LAW anyways. (http://www.heritage.org/…/ignorance-of-the-law-is-no-excuse…). Marriage Licensing is nothing but an invaluable revenue maker for the municipalities and State. If two people want to say they are married then all they have to do is exchange their sincere vows to each other in front of at least 2 or more witnesses and wallah they are married.
Family courts are nothing but a business of the State. As a matter of fact the track record of Family Courts shows that it does nothing but destroy families more then anything.
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