BUSINESS LAW 101 / Crimes Related to Marriage

By Albert L. Kelley, Esq.

Marriage is normally a very happy time.  But there are times when marriage can get someone in trouble. Pursuant to Florida Statute 826.01, if a person is married and then marries another, without getting the first marriage annulled or divorced, it is called bigamy.  Bigamy is a third-degree felony.

As with many things, there are exceptions to this law.  If the person believes that their first spouse has died, it is not a violation to marry another person. Also, if a person’s spouse has abandoned them and remains absent for a period of three years so that the person does not know if the spouse is alive or dead, it is not a violation to marry another.  Or, if a person has obtained an annulment from a court, but the annulment is invalid, it is not a violation. Finally, there is a catch-all: if a person reasonable believes they are entitled to legally marry, it is not a violation.

The concept of bigamy goes the other direction as well.  Not only is the married person violating the law, but the person they are marrying may also be.  The law states that if a person marries another person that they know is already married, they have also committed a third-degree felony.  Now the key to this clause is that the act must be “knowing”.  If the person innocently marries a person who is already married, it is not a violation.

Finally, it can also be criminal to marry certain people.  In Florida, and in most states, a person cannot marry a person who is too closely related to them.  Many people believe the rule is that a person cannot marry a first cousin.  That is not the level of restriction in Florida.  The level of restriction is any “lineal consanguinity” which simply means a direct descendant or ascendant (grandparent-parent-child-grandchild), or a brother, sister, uncle, aunt, nephew, or niece.  Simply marrying someone in this status is deemed incest. Many people believes that incest is limited to sexual intercourse with a person in the family lineage, but that is not the case.  While the statute does specify that sexual intercourse (which the statute defines as only between a man and a woman) between these parties is a violation, sexual intercourse is not necessary for there to be a violation.  The mere marriage is sufficient. Incest is a third-degree felony.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law, and labor law at St. Leo University.  He is the author of five law books available through Absolutely Amazing E-Books and the host of “Basics Of The Law”, a weekly YouTube channel. This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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