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WHAT IS BIGAMY IN NEVADA?
Bigamy in Nevada is the act of marrying another person while already legally married to a living spouse. Nevada's status as a marriage destination makes bigamy charges more common than in most states.
WHAT THE PROSECUTION MUST PROVE
To convict you of Bigamy in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant was legally married to another person
The prior marriage had not been legally dissolved by divorce or annulment
The prior spouse was still living
The defendant entered into a new marriage ceremony
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR BIGAMY IN NEVADA
Bigamy
Category D Felony — 1–4 years prison, fines up to $5,000
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending bigamy charges
Many bigamy cases arise from genuine confusion about whether a prior marriage was legally dissolved — particularly for marriages or divorces that occurred in foreign countries.
A good faith belief that a prior marriage was legally ended is a complete defense to bigamy. If you genuinely believed you were divorced, that belief negates the criminal intent.
Las Vegas's marriage industry creates unique situations — quick marriages followed by quick separations don't always result in legal divorces. I have defended clients who simply did not know their prior marriage was still valid.
The prosecution must prove you knew you were still married. Uncertainty about the legal status of a foreign divorce or a marriage from decades ago can support a lack of knowledge defense.
Bigamy is distinct from polygamy — bigamy involves a legal marriage ceremony, while polygamy involves cohabitation with multiple partners. The charges and defenses differ.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO BIGAMY
Every case is unique, but these are the defenses most commonly raised in bigamy cases in Nevada:
Good faith belief that prior marriage was legally dissolved
Prior marriage was invalid or void
Lack of knowledge that prior spouse was still living
Prior divorce was valid but records were lost
Insufficient evidence of the prior marriage