Bigamy Lawyer New Jersey — What Are the Defenses to a Bigamy Charge?
Bigamy, the act of marrying one person while still legally married to another, is a serious crime in New Jersey. A conviction can result in significant penalties, including fines and potential jail time. If you are facing these charges, securing a skilled bigamy lawyer New Jersey from the Law Offices Of SRIS, P.C. is critical.
What Is Bigamy Under New Jersey Law?
In New Jersey, bigamy is defined under N.J. Stat. § 2C:24-1. The statute makes it a crime for any person to marry or enter into a registered domestic partnership while knowing that a prior marriage or partnership is still legally valid and has not been dissolved by death, divorce, or annulment. The law is designed to protect the integrity of the marital contract and prevent fraud. The prosecution must prove that you knowingly entered into the second marriage with the awareness that the first was still legally binding.
Last verified: April 2026 | New Jersey Courts | New Jersey Legislature
Official Legal Resources on Bigamy
For the official text of the statute, you can review N.J. Stat. § 2C:24-1 (official New Jersey Legislature site). For court procedures and forms related to family law matters, visit the New Jersey Courts Family Division website.
How a Bigamy Case Proceeds in New Jersey Courts
Bigamy charges in New Jersey are typically prosecuted in the county where the offense occurred. The process begins with a complaint, often initiated by a spouse or through law enforcement investigation. As a criminal offense, the case will proceed through the Superior Court, Criminal Division. A family attorney can challenge the state’s evidence from the outset, focusing on the element of knowledge and the validity of the prior marriage.
- Initial Consultation: Meet with a domestic relations lawyer to review the charges and all relevant marriage, divorce, or annulment documents.
- Investigation: Your attorney will investigate the validity of the prior marriage and gather evidence supporting your belief it was dissolved.
- Pre-Trial Motions: Your lawyer may file motions to dismiss the charges if the state cannot prove you knowingly committed bigamy.
- Negotiation or Trial: Your attorney will work to negotiate a favorable resolution, such as a dismissal or reduced charge. If necessary, they will defend you at trial.
Potential Penalties for a Bigamy Conviction in New Jersey
In New Jersey, bigamy is classified as a crime of the fourth degree, which carries specific penalties under the state’s criminal code.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Bigamy | Crime of the 4th Degree | Up to 18 months | Up to $10,000 | Permanent criminal record, impact on immigration status, potential impact on child custody proceedings. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Bigamy Defense
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes over 4,739 documented case results with a favorable outcome rate exceeding 93%. We understand that bigamy charges often intersect with family law issues, and our team is equipped to handle both the criminal defense and related family court matters. Our approach is direct and focused on protecting your rights and future.
Our Approach to Bigamy Defense Cases
The Law Offices Of SRIS, P.C. has handled numerous sensitive family and criminal law matters across New Jersey. While specific bigamy case counts are not disclosed, our firm’s extensive experience in related areas like fraud, criminal defense, and family litigation informs our defense strategy. We meticulously examine the paperwork surrounding all marriages and divorces, often finding clerical errors or jurisdictional issues that form the basis for a strong defense.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our New Jersey Bigamy Defense Lawyers
If you need a bigamy lawyer New Jersey, our firm is accessible. We provide 24/7 phone consultations for immediate legal guidance. Facing these charges can be overwhelming, but you do not have to handle the legal system alone. A skilled family court lawyer from our team can explain your options and begin building your defense.
Law Offices Of SRIS, P.C.
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Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-9900
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Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions About Bigamy in New Jersey
Is bigamy a felony in New Jersey?
Yes. In New Jersey, bigamy is classified as a crime of the fourth degree, which is an indictable offense (equivalent to a felony in other states). A conviction can result in a state prison sentence of up to 18 months.
What are common defenses to a bigamy charge?
It depends on the facts. Common defenses include a good-faith belief that the first marriage was legally ended by divorce or annulment, proof that the first marriage was void from the beginning, or demonstrating that the prosecution cannot prove you had knowledge the first marriage was still valid.
Can I be charged if my spouse from a prior marriage is missing?
Yes, unless you have taken legal steps to have them declared deceased. Simply not knowing their whereabouts is not a legal defense to bigamy. You must obtain a court order presuming death or finalize a divorce based on abandonment after a statutory period.
Does a bigamy charge affect child custody or divorce proceedings?
Yes. A bigamy conviction can be used as evidence of misconduct in related family court proceedings, potentially impacting decisions on child custody, visitation, and spousal support. It is important to have a lawyer who can handle both the criminal and family law aspects.
What should I do if I am accused of bigamy?
First, do not speak to anyone about the case without an attorney. Second, gather all documents related to your marriages, divorces, and annulments. Third, contact a bigamy lawyer New Jersey as early as possible to protect your rights and begin your defense strategy.
Last verified: April 2026. Laws and procedures can change. For the most current guidance on your specific situation, contact the Law Offices Of SRIS, P.C. at (888) 437-7747.