Under Nevada Family Law, marrying someone who is already married carries significant legal consequences under NRS 201.170. At ATAC LAW, we understand how daunting the legal system appears, especially when facing charges as serious as marrying a spouse of another, known in legal terms as bigamy. This blog post aims to discuss the offense outlined under NRS 201.170, explore viable defenses, and elucidate potential penalties, all while guiding you through the complexities of Nevada law.
Is It Illegal to Marry Someone Who Is Already Married in Nevada?
Marriage is a legal bond that is to be entered into with both parties being unattached to a prior union. The United States has held an enduring stance against polygamy since the late 19th century, with Nevada’s laws aligning to forbid such marital contracts. In Nevada, it’s not only unlawful for a married person to engage in a new matrimony, but it’s also a criminal act for someone single to knowingly marry an individual who is already part of an existing marriage.
Recognizing the legislative nuances is essential, especially when emphasizing that grasping the fact that one’s potential spouse is already married at the time of marriage is central to these regulations. Cases where one party is misled about their spouse’s marital status, as highlighted below, demonstrate when legal culpability is not evenly distributed:
Consider the case where an individual, let’s call her Emma, is finalizing her divorce from a partner, say John, who hastily desires to remarry, perhaps to a person named Anna. John prematurely claims his divorce is final and marries Anna in the bustling heart of Las Vegas. Once Emma learns of this and informs law enforcement, both John and Anna may face legal scrutiny for violating marital law. Here, John would be evidently in breach of the law for entering into a marriage with the knowledge of his current legal bond to Emma. However, Anna, who wed under the belief that John was divorced, should be exempt from legal repercussions.
Marriage Legality: Single and Unattached Only Need Apply
To encapsulate, only those who are legally single are free to marry under Nevada law. A marriage remains intact and is only dissolved through a legal divorce, annulment, or the passing of a spouse. Additionally, Nevada law acknowledges marriages formed overseas as well as common-law unions. Entering into marriage while knowingly having a lawful spouse results in an automatically null marriage, retaining the legitimacy of the first partnership.
What Are the Consequences of Entering into a Marriage with Someone Already Married in Nevada?
The act of marrying someone who is already legally wed to another individual is not only frowned upon but is strictly illegal and comes with serious consequences. This specific violation is categorized as a category D felony within the state, underscoring the gravity with which Nevada views the sanctity of marriage and the legal commitments it entails.
For those found guilty of entering into marriage with someone who has an existing marital bond with another person, the repercussions are severe. The state of Nevada enforces a stringent penalty regime that includes:
- Imprisonment: Individuals convicted can face anywhere from 1 to 4 years in the Nevada State Prison. This not only marks a significant time away but also the societal and personal impacts of having a felony record.
- Fines: On top of imprisonment, the court may also impose fines reaching up to $5,000. Such a financial burden can have long-lasting effects on an individual’s financial stability and well-being.
Beyond Criminal Penalties: The Shadow of Civil Litigation
The legal challenges do not end with the criminal penalties for those involved in a bigamist marriage. They may also find themselves entangled in civil lawsuits, where affected parties—such as the unknowing legal spouse—can bring actions for fraud and emotional distress. These civil actions recognize the profound personal and emotional violations that accompany bigamous relationships, offering a legal avenue for compensation for the hurt parties.
What Legal Defenses Are Available Against Charges of Marrying a Married Person in Nevada?
Facing charges for marrying someone who is already married can be a distressing experience, but there are defensive strategies that one can employ based on the specific circumstances of the case. Here are three standard defense tactics used to counter these charges:
1. Defense Based on the Conclusion of the First Marriage
One can marry legally in Nevada if all prior marriages have been rightfully terminated via divorce, annulment, or the previous spouse’s death. If the defendant can present legal documentation, such as divorce decrees, annulment records, or death certificates proving that their partner was indeed single at the time of their marriage, they have solid grounds for charges under NRS 201.170 to be dismissed.
2. Defense Due to an Invalid First Marriage
Individuals are permitted to marry if they can demonstrate that any prior marriages were inherently void. Suppose the defendant can substantiate claims that their spouse’s earlier marriage was never legally binding. In that case, criminal charges should not hold up in court. However, it’s essential to consider that the spouse could face separate criminal charges if the void marriage was due to illegal causes such as incest or bigamy.
3. Defense Arising from Lack of Knowledge
Arguably the most commonly invoked defense is that the defendant was unaware that their spouse was already part of a legal marriage. Scenarios where the spouse believed they were divorced, but the legalities were not completed, or instances where the spouse intentionally misled the defendant about their marital status are relevant here. If the prosecution cannot irrefutably prove that the defendant knowingly engaged in a bigamous marriage, the charges should be dropped.
Illustrative Scenario:
Suppose Jack relocates from his home, where he leaves behind a wife named Sienna, and settles in Henderson. There, Jack meets Elena, who is oblivious to the fact that he is still married. Jack marries Elena, and when Sienna learns about this, she alerts the police. Jack and Elena are then detained. While Jack may face conviction for bigamy due to his awareness of the situation, Elena should be absolved of wrongdoing as she had no knowledge of Jack’s marital ties with Sienna.
It’s crucial to note that, even if the charges against Jack and Elena are dismissed, their marriage remains invalid. Jack would need to legally conclude his marriage with Sienna and remarry Elena for the union to be recognized by law.
Additionally, in Nevada, the law only prosecutes individuals who are aware, at the time of their marriage vows, that their spouse is already married. Discovering this truth after the fact does not constitute a violation of NRS 201.170. Nevertheless, continuous acknowledgment and behavior as if the marriage is valid could lead to other legal issues, such as fraud charges.
Understanding these restrictions is vital in avoiding the severe offense of a bigamous marriage, a serious infraction that Nevada law does not treat lightly. If you find yourself entwined in such a situation, seeking proficient legal aid is crucial. The attorneys at ATAC LAW are adept in handling cases involving complex marital statutes and can support those who may have unknowingly married under the pretense of their partner’s singleness to rectify their legal standing.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
