I married in eureka springs but found out she was already married. Is this legal?

Full Question:

I married a woman in eureka springs and come to find out she was still married, am I legally married, we have filed are taxes together for 3 years. she now has filed for divorce, is this possible.
05/28/2017   |   Category: Marriage ยป Bigamy   |   State: Oklahoma   |   #38004

Answer:

If she was already married then the marriage was not legal and would be bigamy. 

Oklahoma Statutes
Title 21. Crimes and Punishments
Chapter 34. Bigamy, Incest, and Sodomy
Current through Laws 2017, c. 1.
 
§ 881. Definition of Bigamy

Every person who having been married to another who remains living, marries any other person except in the cases specified in the next section is guilty of bigamy.

Cite as Okla. Stat. tit. 21 , § 881

Exceptions to this in Oklahoma are below.

Oklahoma Statutes
Title 21. Crimes and Punishments
Chapter 34. Bigamy, Incest, and Sodomy
Current through Laws 2017, c. 1.
 
§ 882. Exceptions to Bigamy

The last preceding section does not extend:

1.    To any person whose husband or wife by a former marriage has been absent for five (5) successive years without being known to such person within that time to be living; nor,
2.    To any person whose husband or wife by a former marriage has absented himself or herself from his wife or her husband and has been continually remaining without the United States for a space of five (5) years together; nor,
3.    To any person by reason of any former marriage which has been pronounced void, annulled or dissolved by the judgment of a competent court; nor,
4.    To any person by reason of any former marriage with a husband or wife who has been sentenced to imprisonment for life.
 
Cite as Okla. Stat. tit. 21 , § 882

The punishment is below and she mgiht be charged.

Oklahoma Statutes
Title 43. Marriage and Family
Parenting Coordinator Act
Current through Laws 2017, c. 1.
 
§ 124. Punishment for Bigamy

Every person convicted of bigamy as such offense is defined in Section 123 of this title shall guilty of a felony and shall be punished by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than three (3) years.

Cite as Okla. Stat. tit. 43 , § 124

If Arkansas law applies here is the statute and defenses.

Arkansas Statutes
Title 5. Criminal Offenses
Subtitle 3. Offenses Involving Families, Dependents, Etc
Chapter 26. Offenses Involving The Family
Subchapter 2. Offenses Generally
Current through the 2017 Regular Session
 
§ 5-26-201. Bigamy

(a)    A person commits bigamy if, being married, he or she purports to marry another person.
(b)    It is an affirmative defense to a prosecution under this section that at the time of the alleged offense the actor:
(1)    Reasonably believed that the prior spouse was dead;
(2)    Had lived apart from the prior spouse for five (5) consecutive years throughout which time the prior spouse was not known to the actor to be alive;
(3)    Reasonably believed that a court had ordered a valid termination or annulment of the prior marriage; or
(4)    Otherwise reasonably believed that the actor was legally eligible to marry.
(c)    Bigamy is a Class A misdemeanor.