In Colorado, marrying another person while already married is bigamy. This is a criminal offense and a class 2 misdemeanor under CRS 18-6-201. The penalties for bigamy include up to 120 days in jail and/or up to $750 in fines.

In this article, our Denver Colorado criminal defense lawyers will address:

• 1. The legal definition of bigamy in Colorado
• 2. What are the penalties?
• 3. What is common law marriage?
• 4. Is polygamy illegal in Colorado?
• 5. What if my spouse is already married?

In Colorado, marrying another person while already married is bigamy. Bigamy is a criminal offense and a class 2 misdemeanor.

1. The legal definition of bigamy in Colorado

Under C.R.S. 18-6-201, “any married person who, while still married, marries, enters into a civil union, or cohabits in this state with another person commits bigamy.” There are a number of affirmative defenses to the charge. It is a defense to the crime if, at the time of subsequent marriage:

• The accused reasonably believes his or her prior spouse to be dead;
• The prior spouse has been absent for a period of 5 years and the accused did not know the prior spouse to be alive;
• The accused reasonably believed he or she was legally eligible to remarry or enter into a civil union.

Any previous marriage or civil union must be terminated before someone can enter into a marriage, civil union, or cohabitation in Colorado. This includes a prior marriage or civil union that ended in annulment, divorce, or death.

An individual may believe that their prior marriage ended in a divorce but there was a mistake and the divorce was never finalized. A mistaken belief that the prior marriage ended may be a defense to bigamy charges if the accused reasonably believed the marriage ended in divorce.

2. What are the penalties?

Bigamy is a class 2 misdemeanor in Colorado. The minimum penalty for a class 2 misdemeanor conviction is up to 120 days in jail and/or up to $750 in fines.¹

If you are awaiting naturalization to become a U.S. citizen, a bigamy conviction can prevent you from becoming a U.S. citizen. Bigamy may be considered a “crime of moral turpitude.” As a crime of moral turpitude, bigamy may be a deportable offense.

3. What is common law marriage?

Individuals may be considered married even if they never went through the formal marriage process. The law against bigamy includes individuals who cohabit with another person. “Cohabitation” means to live together under the representation of being married.²

If a couple lives together, agrees that they are married, and represents themselves to the public as being married, they may be considered to have a “common law marriage.” The court may look at a number of factors to determine whether a couple is considered common law married. This includes filing joint tax returns, friends or family who believe the couple is married, using the other individual’s last name and joining finances in shared bank accounts.

Cohabitating with another person while already legally married may be considered bigamy even if the couple never got a formal marriage license.

4. Is polygamy illegal in Colorado?

Polygamy is the practice of having more than one spouse at the same time. Polygamy is punishable by the laws against bigamy in Colorado. Some cultural or religious groups practice polygamy. However, the Free Exercise Clause of the First Amendment does not protect individuals who engage in polygamy for religious reasons. The Supreme Court has ruled that the state can prohibit polygamous marriages.³

5. What if my spouse is already married?

If your spouse is already married, then you may be charged with marrying a bigamist. Marrying a bigamist is a separate criminal offense. In order to be charged with marrying a bigamist, you must have knowledge that your spouse is already married. If you were unaware that your spouse was already married, you may have a defense to charges of marrying a bigamist.

Call us for help…

If you were charged with bigamy, polygamy, or marrying a bigamist, please contact us at Colorado Legal Defense Group.

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