What Is Polygamy?
“Polygamy” refers to the practice of having more than one spouse. The terms stem from the Latin roots polys—meaning “many”—and gamos—meaning “marriage.” The term broadly encompasses the concept of a woman marrying more than one husband (polyandry) or a man marrying more than one wife (polygyny).
While polyandry is less common globally, it remains part of the broader discussion on plural marriage and is legally treated the same as other forms of polygamy in most jurisdictions.
The practice of polygamy is generally frowned upon in most countries. Those countries that legally recognize polygamy have populations where its practice is part of organized religion, namely denominations of Islam. However, other religions also recognize polygamy, such as small, unofficial sects of Mormonism. Notably, the official stance of the Church of Jesus Christ of Latter-day Saints (LDS Church)—the mainstream Mormon religion officially recognized in countries throughout the world—does not promote or condone polygamy.
Most countries that accept some form of polygamy limit legal recognition to the practice of polygyny but prohibit polyandry. The cultural practice of polyandry can be observed in cultures in Tibet, Nepal, and Northern India and is connected to systems of inheritance and land ownership.
Although polyandry is culturally accepted in limited regions, it remains illegal in the United States and is subject to the same criminal penalties and civil consequences as other forms of polygamy.
Polygamy in the United States
Polygamy in any form is generally prohibited throughout the United States, warranting criminal and civil legal ramifications with varying degrees of severity.
Whether involving multiple wives or multiple husbands, U.S. law makes no distinction—polyandry is treated as equally unlawful as polygyny.
Family Law Implications of Polygamy
Marriage, the divorce process, and other matters of family law are governed by state law. All U.S. jurisdictions prohibit polygamy by invalidating marriages involving more than two spouses.
Immigration and Professional Consequences
The legal consequences of a bigamous marriage can extend beyond criminal penalties and family law disputes.
Depending on the circumstances, a bigamy conviction may affect:
- Immigration status or naturalization eligibility
- Professional licensing for attorneys, healthcare professionals, teachers, real estate agents, and other licensed occupations
- Estate planning and inheritance rights
- Eligibility for certain government benefits
- Future family law proceedings involving child custody or support
Individuals facing both criminal allegations and family law issues often benefit from legal guidance that addresses both areas simultaneously.
Annulment and Bigamy Issues
State laws against bigamy—getting married to someone while still legally married to another person—are usually grounds for an annulment. This includes situations resembling polyandry, where a woman attempts to have more than one legal husband, resulting in the same legal issues and invalid marital status. Courts often look closely at evidence of multiple simultaneous marriages, as this determines whether a union is void from the start.
Similar to divorce, an annulment results in the termination of a marriage. However, unlike divorce, a successful action requesting for an annulment can render the marriage null and void from its alleged inception.
Annulment actions are available for certain, extreme situations, including:
- Bigamy
- Incest
- One or both parties haven’t reached the legal age to marry
- Fraud, duress, and undue influence
Because the facts supporting an annulment are typically sufficient to treat the parties as if they never married under the law, issues that arise from the legal duties of a spouse in divorce cases may not apply to annulment proceedings in certain situations. This is because establishing a legally valid marital relationship is required to trigger certain marital duties, such as the duty to pay child and spousal support. In cases involving polyandry, courts may also need to determine legal paternity and clarify which spouse, if any, has enforceable rights or obligations.
These complications demonstrate why polygamy cases often require experienced family law attorneys to navigate overlapping issues of parentage, property, and support.
Because bigamous marriages are generally considered void under California law, courts may also need to resolve complex issues involving property ownership, child custody, child support, spousal support, and parental rights. Although the marriage itself may not be legally valid, courts remain committed to protecting the best interests of children and ensuring equitable outcomes whenever possible.
However, in some cases, the parties may be entitled to forms of legal relief similar to those provided in divorce cases. Agreements between the “spouses” regarding certain marital duties might serve as a basis for legal action for certain remedies regarding contracts. This may apply even in polyandrous arrangements if the parties entered agreements relating to property, finances, or child responsibilities.
Courts may enforce these agreements under contract law even when the marriage itself is void.
Criminal Prohibitions on Polygamy
California prohibits bigamy under Penal Code §§ 281–283. Unlike some criminal offenses that carry only one level of punishment, bigamy is considered a wobbler offense, meaning prosecutors may charge it as either a misdemeanor or a felony depending on the facts of the case.
A misdemeanor conviction may result in up to $1,000 in fines and one year in county jail, while a felony conviction may carry fines of up to $10,000 and 16 months, two years, or three years in state prison. Because penalties vary based on individual circumstances, anyone facing allegations of bigamy should consult an experienced attorney as soon as possible.
Legal Exceptions Under California Penal Code § 282
California recognizes limited situations where a second marriage may not constitute criminal bigamy.
A person may have a legal defense if:
- Their previous spouse had been absent and unheard from for five consecutive years, and they reasonably believed the spouse was no longer living.
- Their previous marriage had already been legally dissolved, annulled, or declared void by a court with proper jurisdiction before entering the later marriage.
Because these exceptions depend heavily on the specific facts of each case, courts carefully evaluate whether the individual reasonably believed they were legally free to remarry.
California Bigamy Law: Penal Code §§ 281–283
California law addresses plural marriage through its bigamy statutes rather than creating a separate criminal offense for polygamy. Under California Penal Code § 281, a person commits bigamy by marrying or entering into a registered domestic partnership while already legally married or registered to another person.
Whether the situation involves one husband and multiple wives (polygyny) or one wife and multiple husbands (polyandry), California law treats both arrangements the same because the legal violation is entering into multiple simultaneous marriages.
California Penal Code § 283 classifies bigamy as a “wobbler” offense, meaning prosecutors may file the case as either a misdemeanor or a felony depending on the circumstances.
- Misdemeanor: Up to $1,000 in fines and up to one year in county jail
- Felony: Up to $10,000 in fines and 16 months, two years, or three years in state prison
The decision to pursue misdemeanor or felony charges depends on the facts of the case, including the degree of intentional deception and other aggravating circumstances.
Historical Federal Actions Against Polygamy
Then in 1882, President Chester A. Arthur signed the Edmunds Anti-Polygamy Act which reinforced the Morrill Anti-Bigamy Act by classifying polygamy as a felony and establishing “unlawful cohabitation” as a misdemeanor offense which barred unmarried couples from living together. This made catching more unofficial polygamous acts easier by eliminating the need to prove the existence of a legal marriage.
The law did not differentiate between polygyny or polyandry, meaning any attempt at plural marriage—regardless of gender—was criminalized. These historical laws still influence modern interpretations of bigamy and plural marriage in the United States.
These laws were specifically directed at the Mormon Church, which had come into conflict with the federal government when Utah was still a state territory. The Anti-Bigamy Act of 1862 also capped all church-owned property in the federal territories to $50,000—virtually all of which was attributed to the Mormon Church.
By 1887—only five years after passage of the Anti-Polygamy Act—the federal government passed a law aimed at disbanding the Mormon Church and seizing its property.
Common Defenses to Bigamy Charges
Not every allegation of bigamy results in a criminal conviction. Depending on the circumstances, several legal defenses may apply, including:
- A reasonable belief that a prior divorce had already been finalized.
- An invalid first marriage that was never legally recognized.
- The statutory five-year absence exception under California Penal Code § 282.
- Lack of intent or circumstances showing the second marriage was entered into without knowingly violating the law.
Anyone facing a bigamy investigation should seek legal advice immediately, as the available defenses depend on the unique facts of each case.
Constitutional Issues
Ever since the United States government issued the first federal prohibitions on the practice of polygamy—modernly re-termed by the LDS Church as “plural marriage”—proponents of the practice have tried to argue that such prohibitions amounted to an unconstitutional infringement of their right to the free exercise of religion under the First Amendment to the United States Constitution.
One of the first Supreme Court cases pitting freedom of religion against laws banning polygamy was Reynolds v. United States in 1878. In response to that argument, the Supreme Court held that the federal ban on polygamy did not qualify as an infringement on the religious rights of members of the Mormon Church, citing that the government was free to ban acts that coincided with religious practices without violating the First Amendment.
This ruling applies equally to polyandry since the Court established that religious belief cannot justify entering multiple marriages, regardless of the marital structure. This case remains one of the most significant landmarks in debates over plural marriage and constitutional protections.
Today, some people claim that banning polygamy violates the Equal Protection Clause of the Fourteenth Amendment. Arguments in support of polygamy point that the fundamental right to marry as interpreted by the Supreme Court in the 2015 Obergefell v. Hodges case provides the constitutional basis for decriminalizing plural marriage.
This idea was mentioned in the dissenting opinion for Obergefell, questioning why the right to marry should be afforded to LGBT couples without extending it to religions that practice some form of plural marriage.
Supporters of legalizing polyandry also reference this reasoning, arguing that equal protection should apply to all forms of adult consensual marriage, though current law does not support such an extension.
Legal Consequences of Polygamy Frequently Asked Questions
Is polygamy legal in California?
No. California does not legally recognize marriages involving more than two spouses. Attempting to enter into another marriage while already legally married may constitute bigamy.
Is bigamy a felony in California?
It can be. Bigamy is a wobbler offense, meaning prosecutors may charge it as either a misdemeanor or a felony depending on the circumstances.
What is the difference between polygamy and bigamy?
Polygamy refers to the practice of having multiple spouses, while bigamy is the criminal act of entering into another marriage while still legally married to someone else. California prosecutes plural marriages under its bigamy statutes.
Can a bigamous marriage be annulled?
Yes. Because bigamous marriages are generally void, they often qualify for annulment rather than divorce.
Can polygamy affect child custody?
Yes. Although a parent’s marital status alone does not determine custody, the surrounding circumstances may become relevant if they affect the child’s best interests.
