Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers understand that the institution of marriage is a fundamental building block of a strong society. There is much scholarly debate as to the parameters of what should constitute a marriage. It is important to realize that every state has different laws relating to forming and terminating the marital relationship.

Many people question how bigamy ever occurs. The answer is that there is no centralized database of marriage records for jurisdictions to determine whether or not a person is legally married somewhere else. Furthermore, if you apply for a marriage license in most jurisdictions, no background check is done. The application will usually be approved simply on the basis of the applicant’s answers.

Bigamy is classified as a felony in most states. Tennessee is one of thirteen states that considers bigamy a misdemeanor. Bigamy is Class A misdemeanor in Tennessee. According to Tennessee law, a person commits bigamy who:

 Is married and purports to marry a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or
 Knows that a person other than the person's spouse is married and purports to marry the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage. Tenn. Code Ann. § 39-15-301 (2007).

It is a defense for the first bullet that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment. If you have been charged with bigamy or any other crime in the East Tennessee area, contact one of our criminal defense attorneys. Our office handles criminal cases in Knoxville, Sevierville, Newport, Maryville, Johnson City, and Loudon.