Can I marry another man secretly while being 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?
11/23/2016 |
Category: Marriage |
State: Michigan |
#27081
Answer:
“No marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband, shall have been dissolved.”
It is considered a misdemeanor in Michigan for a clergyman or officiant to attempt to solemnize a bigamous relationship with knowledge that he is not legally permitted to do so, and could face up to one year in prison and a fine of up to $500.
It is a crime to make false statements on an application for marriage as in Michigan all applicants for marriage are required to fill out an application for a marriage certificate. This application requires disclosure of current marriage. Lying about a subsisting marriage is not only a violation of the marriage statute but is considered perjury as well and accordingly shall be punished.
The act of entering into a marriage with more than one spouse is considered a criminal act in Michigan. Any person who knowingly enters into a prohibited marriage of another is liable to be charged with a felony under Michigan's polygamy statute. The statute includes bigamous marriages as well as cohabiting with another in a relationship, whilst a subsisting marriage. The Michigan Penal code 750 section 439 states following in this regard:
“Polygamy—Any person who has a former husband or wife living, who shall marry another person, or shall continue to cohabit with such second husband or wife, in this state, he or she shall, except in the cases mentioned herein, be guilty of the crime of polygamy, a felony.
The provisions of this section shall not extend to any person whose husband or wife shall have voluntarily remained beyond the sea, or shall have voluntarily withdrawn from the other and remained absent for the space of five years next preceding such marriage, the party marrying again, not knowing the other to be living within that time, nor to any person who shall have good reason to believe such husband or wife to be dead, nor to any person who has been legally divorced from the bonds of matrimony.”
The provisions of this section shall not extend to any person whose husband or wife shall have voluntarily remained beyond the sea, or shall have voluntarily withdrawn from the other and remained absent for the space of five years next preceding such marriage, the party marrying again, not knowing the other to be living within that time, nor to any person who shall have good reason to believe such husband or wife to be dead, nor to any person who has been legally divorced from the bonds of matrimony.”
