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What are the legal consequences of secretly marrying while already married?

What are the legal consequences of secretly marrying while already married?

Full question:

I am a married woman living in Grand Rapids. My husband and I have had our fair share of disagreements and differences. I have been seeing someone without my husband’s knowledge and am planning to secretly marry him. I cannot divorce my husband because that will drastically affect me and my children. What are the legal consequences of such a marriage?

Category: Marriage
Date: 04/07/2025
State: Michigan

Answer:

In Michigan, a marriage to someone while you are still legally married to another person is considered bigamy and is void from the start. According to Michigan law (MCLS § 551.5), no marriage can occur if either party has a living spouse unless the previous marriage has been legally dissolved.

Attempting to solemnize a bigamous marriage is a misdemeanor in Michigan. Clergymen or officiants who knowingly perform such a marriage can face up to one year in prison and a fine of up to five hundred dollars.

Additionally, providing false information on a marriage application is a crime. All applicants must disclose any current marriages, and lying about this can be considered perjury, which carries legal penalties.

Entering into a marriage while still married to someone else is a criminal act in Michigan. Under the polygamy statute (Michigan Penal Code 750 § 439), anyone who marries another person while having a living spouse can be charged with a felony. Exceptions exist for those whose spouse has been absent for five years or more, or who have reason to believe their spouse is deceased, or who have been legally divorced.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do when you hate your husband but can't leave?

If you're feeling trapped in your marriage, consider seeking professional help, such as counseling or therapy. A therapist can help you explore your feelings and develop coping strategies. Additionally, you might want to discuss your feelings with your husband to see if there are ways to improve your relationship. Remember, staying in an unhappy situation can have long-term effects on your mental health.

What is a silent divorce?

A silent divorce refers to a situation where one spouse emotionally withdraws from the relationship without formally ending the marriage. This can lead to a lack of communication and intimacy, effectively making the marriage feel like it's over while still legally intact. It's important to address these issues openly, as unresolved feelings can lead to further complications.

What to do if you are not happy with your married life?

If you're unhappy in your marriage, it's crucial to identify the root causes of your dissatisfaction. Consider talking to your spouse about your feelings or seeking couples therapy. Open communication can often lead to solutions. If problems persist, you may want to explore your options, including separation or divorce, to find a healthier path forward.

Why divorce after 40 years of marriage?

Divorcing after many years can occur for various reasons, including growing apart, infidelity, or unresolved conflicts. As people change over time, they may find that their values and goals no longer align. It's essential to consider the emotional and financial implications of divorce, especially after a long marriage, and to seek professional guidance if needed.

Is it better to stay in an unhappy marriage or divorce?

Deciding whether to stay in an unhappy marriage or pursue divorce is a personal choice that depends on individual circumstances. Staying may provide stability, especially for children, but can also lead to long-term dissatisfaction. Divorce can be challenging but may ultimately lead to a healthier and happier life. Consulting a therapist or counselor can help clarify your feelings and options.

Is it better to divorce or stay unhappy?

Choosing between divorce and remaining in an unhappy marriage is complex. While divorce can lead to personal freedom and happiness, it also involves emotional and financial challenges. Staying may seem easier but can affect your mental health. Consider discussing your situation with a professional to weigh the pros and cons and make an informed decision.