UCMJ Article 134: Bigamy

Bigamy is contracting another marriage by one who already has a living, lawful spouse. If a prior marriage were void, it would have created no status of “lawful spouse.” A belief that a previous marriage has been terminated by divorce, death of the other spouse, or otherwise constitutes a mistake of fact defense only if the belief was reasonable.

The MCM specifies for a service member to be prosecuted for an Article 134 Bigamy violation, it must be demonstrated that:

  1. the accused had a living, lawful spouse;

  2. while having such spouse, the accused wrongfully married another person; and

  3. under the circumstances, the conduct of the accused was either (i) to the prejudice of good order and discipline in the armed forces, (ii) was of a nature to bring discredit upon the armed forces, or (iii) to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.

Understanding Article 134 (Bigamy) of the UCMJ

Bigamy is contracting another marriage by one who already has a living, lawful spouse. If a prior marriage were void, it would have created no status of “lawful spouse.” A belief that a previous marriage has been terminated by divorce, death of the other spouse, or otherwise constitutes a mistake of fact defense only if the belief was reasonable.

Maximum Possible Punishment for Violations of Article 134

Service members convicted of an Article 134 Bigamy violation face the maximum possible punishment: a dishonorable discharge, forfeiture of all pay and allowances, and two years’ confinement.

How do you defend against Article 134 Bigamy charges?

When facing the combined military resources and the current cultural climate, you need to be prepared to defend your career and your freedom. Cases Crisp and Associates, LLC has a team of experienced trial attorneys with over 75 years of combined experience who have won these military resource cases. This team includes the firm’s founder, Jonathan Crisp, a highly respected and sought-after attorney, speaker, and lecturer who has served in the U.S. Army Judge Advocate General’s Corps (JAG) since 1998 and entered private practice in 2007.

If you, or someone you know, is facing Article 134 charges for Bigamy, you need to speak with a Military defense attorney immediately. We understand what is at risk and learn how to protect your career, freedom, and future.

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