What is the legal status of multiple wives in the US and Canada?
January 20, 2018 7:11 AM Subscribe
As I understand it, a married man in the US can legally "marry" a second wife under religious law only (i.e. going through a religious wedding ceremony but not registering the marriage with the state). But I'm interested in how the law would regard second (and third, and fourth) marriages if those marriages were legally contracted elsewhere.
1. A man and his multiple wives, from a country where polygamy is legal, move to the US or Canada. What happens to their legal status?
2. A married man goes to a country where multiple marriage is legal, and marries a second wife. He returns to the US or Canada. Has he broken the law against bigamy?
3. A US or Canadian woman marries an already married man under traditional or religious law (e.g. sharia) without registering the marriage. They behave like they are common-law married (live together, tell everyone they're married) for seven years. Can she sue for divorce?
1. A man and his multiple wives, from a country where polygamy is legal, move to the US or Canada. What happens to their legal status?
2. A married man goes to a country where multiple marriage is legal, and marries a second wife. He returns to the US or Canada. Has he broken the law against bigamy?
3. A US or Canadian woman marries an already married man under traditional or religious law (e.g. sharia) without registering the marriage. They behave like they are common-law married (live together, tell everyone they're married) for seven years. Can she sue for divorce?
US only:
1. Polygamy is illegal, so they wouldn't allow the person into the US if they knew about it.
2. Yes.
3. No.
posted by durandal at 7:40 AM on January 20, 2018 [1 favorite]
1. Polygamy is illegal, so they wouldn't allow the person into the US if they knew about it.
2. Yes.
3. No.
posted by durandal at 7:40 AM on January 20, 2018 [1 favorite]
Also: As I understand it, a married man in the US can legally "marry" a second wife under religious law only (i.e. going through a religious wedding ceremony but not registering the marriage with the state).
Not in Utah. In Utah that'd still be illegal.
And to be clear the "marriage" there is nothing and means nothing legally.
posted by durandal at 7:44 AM on January 20, 2018 [1 favorite]
Not in Utah. In Utah that'd still be illegal.
And to be clear the "marriage" there is nothing and means nothing legally.
posted by durandal at 7:44 AM on January 20, 2018 [1 favorite]
It's worth knowing that this question/issue has been seen/used as something of a racist dog whistle in the US. This article from Snopes may help you understand the cultural context of this issue. One particilar point I'll bring out...
U.S. Department of State regulations specifically state that “In cases of polygamy, only the first spouse may qualify as a spouse for immigration,” so nobody is bringing multiple wives into the United States from far-flung lands via immigrant visas.posted by jessamyn at 7:55 AM on January 20, 2018 [17 favorites]
When I got married in New York State, we both had to state for the license that we were not already married.
posted by chesty_a_arthur at 7:55 AM on January 20, 2018
posted by chesty_a_arthur at 7:55 AM on January 20, 2018
Note that marriage is based in state law (subject to the protections of federal law) so you'll find your answers there.
In South Carolina, any marriages beyond the one are simply declared void.
posted by ftm at 8:04 AM on January 20, 2018 [1 favorite]
In South Carolina, any marriages beyond the one are simply declared void.
posted by ftm at 8:04 AM on January 20, 2018 [1 favorite]
2. Some countries (like Senegal) state on a first marriage certificate whether or not the marriage will be polygamous. I’m not sure how that would then work for an American looking to marry subsequent wives there without a first marriage certificate stating that it was ok.
posted by raccoon409 at 8:10 AM on January 20, 2018 [2 favorites]
posted by raccoon409 at 8:10 AM on January 20, 2018 [2 favorites]
I don’t believe any state bigamy laws are extra-territorial. You haven’t broken the law of US state A if you marry a second wife in country B if lawful in country B. State A doesn’t have to — and as far as I know no state currently would — recognize your second marriage if you return.
Most if not all states with significant Mormon populations expressly outlaw bigamy even when the additional marriages are purported to be religious only. Not sure what the state of the law is more broadly.
posted by MattD at 8:12 AM on January 20, 2018
Most if not all states with significant Mormon populations expressly outlaw bigamy even when the additional marriages are purported to be religious only. Not sure what the state of the law is more broadly.
posted by MattD at 8:12 AM on January 20, 2018
They behave like they are common-law married (live together, tell everyone they're married) for seven years.
Common-law marriage is actually not all that common, and there is no seven year standard for it. In places that DO recognize common law marriage, legal dissolution much like divorce is possible through the court system. This NPR article does a great job of discussing why there was ever common law marriage in the first place and the current legal issues around it.
posted by joycehealy at 8:17 AM on January 20, 2018 [2 favorites]
Common-law marriage is actually not all that common, and there is no seven year standard for it. In places that DO recognize common law marriage, legal dissolution much like divorce is possible through the court system. This NPR article does a great job of discussing why there was ever common law marriage in the first place and the current legal issues around it.
posted by joycehealy at 8:17 AM on January 20, 2018 [2 favorites]
WaPo: Polygamous foreign marriages under U.S. law
But I do think the precedents suggest that,posted by lazuli at 8:21 AM on January 20, 2018 [2 favorites]
1. when it comes to what people may do in the U.S. (have sex, refuse to testify against each other, etc.) and to which people may stay in the U.S., U.S. jurisdictions are likely not to recognize marriages two and later in a polygamous union, but
2. when it comes to distribution of property in a context where the parties to a polygamous marriage likely expected to be treated as spouses, there is a stronger likelihood of treating marriages two and later as equivalent to marriage one.
Not in Utah. In Utah that'd still be illegal.
And to be clear the "marriage" there is nothing and means nothing legally.
This is something I've never understood. I'm sure that there are finer points of law that a lay person like me doesn't grasp, but I don't see what would be “illegal.”
If the second marriage isn't registered with the state, then it doesn't count as marriage for legal purposes. In the eyes of the law they’re simply cohabiting. Unless it becomes against the law for men and women to live together, how can the second union be illegal? If they don't try to exercise the civil rights and benefits of a legal marriage, and they’re both consenting adults, what's the legal problem?
posted by The Underpants Monster at 8:49 AM on January 20, 2018
And to be clear the "marriage" there is nothing and means nothing legally.
This is something I've never understood. I'm sure that there are finer points of law that a lay person like me doesn't grasp, but I don't see what would be “illegal.”
If the second marriage isn't registered with the state, then it doesn't count as marriage for legal purposes. In the eyes of the law they’re simply cohabiting. Unless it becomes against the law for men and women to live together, how can the second union be illegal? If they don't try to exercise the civil rights and benefits of a legal marriage, and they’re both consenting adults, what's the legal problem?
posted by The Underpants Monster at 8:49 AM on January 20, 2018
Here is Utah's relevant law on bigamy. Note that the crime is "[purporting] to marry" while married. I.e. if you just live together, that's fine, but if you in any way claim to be married - such as having a religious ceremony, wearing rings, or referring to yourselves as "Mr. and Mrs." - you've broken the law. Utah law has been very strict on this ever since the Mormons gave up polygamy in the late 19th century.
Utah enforcement, sometimes less so.
posted by Hatashran at 9:03 AM on January 20, 2018 [2 favorites]
Utah enforcement, sometimes less so.
posted by Hatashran at 9:03 AM on January 20, 2018 [2 favorites]
Marriage is a provincial responsibility. It is possible (and actually quite common) to be legally married to someone but living with someone else and hence common-law married to them (CRA guidelines are living together one year or living together with a child of the marriage). So technically, that person is committing bigamy.
There have been people that have immigrated with their wives, claiming the second wife was an un-married cousin for example (this came out in the trial of the Shafia murders. And of course you know the Bountiful/fundamentalist Mormon case that found them guilty of polygamy
It is also possible to be polygamist by accident. I have a friend who's husband faked his death during war, she moved to Canada where she had great difficulty getting married again because her country of origin could not produce a death certificate. She did end up getting married and the first husband called her out of the blue ten years later, asking to see their kids. She has not done anything about her marriage in Canada, or dissolving the old one.
1. For immigration the (usually male) applicant chooses which wife he will sponsor as a spouse (it is supposed to be the first but he can choose to "divorce" the others and make a declaration he has done so). He is able to sponsor and bring all his children from all his wives however. This however means the other wife is left behind, usually with no way to support herself and unlikely to remarry. There is more detail on the actual laws as applicable to immigration here.
2. I believe crimes must be committed in the jurisdiction in order to be prosecuted (with the exception of the recent changes to sex tourism laws). So getting married in another country is not illegal unless he tries to sponsor the second wife into Canada. Interestingly, if she DOES comes in, he is on the hook for spousal support/child support no matter how many wives he has. Polygamy in the GTA If he is applying for immigration status however his marriage must be valid in the foreign country and Canada or else he is breaking the law and is inadmissible.
3. They would be considered common-law married after two or three years, depending on province, excluding Quebec, or sooner if they have a child. Spousal support is on an entitlement, so if proven then the spouses are entitled to support. There can be no "divorce" (legal process) as there was no legal marriage (there may be some type of religious divorce available to them. But spousal support, dividing assets, and child custody, access and support can go through the court system under the provincial family law.
posted by saucysault at 10:26 AM on January 20, 2018 [1 favorite]
There have been people that have immigrated with their wives, claiming the second wife was an un-married cousin for example (this came out in the trial of the Shafia murders. And of course you know the Bountiful/fundamentalist Mormon case that found them guilty of polygamy
It is also possible to be polygamist by accident. I have a friend who's husband faked his death during war, she moved to Canada where she had great difficulty getting married again because her country of origin could not produce a death certificate. She did end up getting married and the first husband called her out of the blue ten years later, asking to see their kids. She has not done anything about her marriage in Canada, or dissolving the old one.
1. For immigration the (usually male) applicant chooses which wife he will sponsor as a spouse (it is supposed to be the first but he can choose to "divorce" the others and make a declaration he has done so). He is able to sponsor and bring all his children from all his wives however. This however means the other wife is left behind, usually with no way to support herself and unlikely to remarry. There is more detail on the actual laws as applicable to immigration here.
2. I believe crimes must be committed in the jurisdiction in order to be prosecuted (with the exception of the recent changes to sex tourism laws). So getting married in another country is not illegal unless he tries to sponsor the second wife into Canada. Interestingly, if she DOES comes in, he is on the hook for spousal support/child support no matter how many wives he has. Polygamy in the GTA If he is applying for immigration status however his marriage must be valid in the foreign country and Canada or else he is breaking the law and is inadmissible.
3. They would be considered common-law married after two or three years, depending on province, excluding Quebec, or sooner if they have a child. Spousal support is on an entitlement, so if proven then the spouses are entitled to support. There can be no "divorce" (legal process) as there was no legal marriage (there may be some type of religious divorce available to them. But spousal support, dividing assets, and child custody, access and support can go through the court system under the provincial family law.
posted by saucysault at 10:26 AM on January 20, 2018 [1 favorite]
In Canada it's not completely settled law.
Under section 293 of our criminal code, polygamy is illegal.
This has been tested in the case of the community in Bountiful BC, who follow the practices of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, or FLDS. They're affiliated somehow with the Jeffs groups in the States.
In 2011, The Supreme Court of BC found that criminalization of polygamy was constitutional, but with some limits. The court held that religious freedom could not be used to infringe other rights, such as the rights of the "wives", but neither did the courts want to criminalize those who were victims of such systems, particularly the child "wives" who had little choice in their "marriage".
Under these provisos, two leaders of the FLDS sect were found guilty of polygamy last year. They're currently in the appeals process for that conviction.
I suspect that this might end up at the Supreme Court eventually, but the provincial Supreme court level finding of 2011 may prevent this from going much further. I suspect, rather to the relief of the politicians.
posted by bonehead at 10:33 AM on January 20, 2018 [1 favorite]
Under section 293 of our criminal code, polygamy is illegal.
This has been tested in the case of the community in Bountiful BC, who follow the practices of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, or FLDS. They're affiliated somehow with the Jeffs groups in the States.
In 2011, The Supreme Court of BC found that criminalization of polygamy was constitutional, but with some limits. The court held that religious freedom could not be used to infringe other rights, such as the rights of the "wives", but neither did the courts want to criminalize those who were victims of such systems, particularly the child "wives" who had little choice in their "marriage".
Under these provisos, two leaders of the FLDS sect were found guilty of polygamy last year. They're currently in the appeals process for that conviction.
I suspect that this might end up at the Supreme Court eventually, but the provincial Supreme court level finding of 2011 may prevent this from going much further. I suspect, rather to the relief of the politicians.
posted by bonehead at 10:33 AM on January 20, 2018 [1 favorite]
Common-law marriage is uncommon in the US (only 9 states plus DC recognize it), and my understanding is that both parties must be free to marry (i.e. not married already) in order to enter into a common-law marriage. Otherwise it's cohabitation, which has no legal standing, with a side of adultery. There is no 7 year rule, or 10 year rule, or 50 year rule.
posted by basalganglia at 2:50 PM on January 20, 2018 [1 favorite]
posted by basalganglia at 2:50 PM on January 20, 2018 [1 favorite]
Some countries (like Senegal) state on a first marriage certificate whether or not the marriage will be polygamous
Same in Cameroon. If the first marriage certificate states that both spouses have elected the polygamy regime, then the man can subsequently have as many wives as he wants.
For this to apply to a foreigner being already married in a country where polygamy is illegal, the first wife would have to give her written consent. But the subsequent marriages (although legal in Cameroon) would still be invalid in their country of origin.
I think this question mirrors the one about the legality of same-sex marriages in countries where it is illegal.
posted by Kwadeng at 3:32 PM on January 20, 2018
Same in Cameroon. If the first marriage certificate states that both spouses have elected the polygamy regime, then the man can subsequently have as many wives as he wants.
For this to apply to a foreigner being already married in a country where polygamy is illegal, the first wife would have to give her written consent. But the subsequent marriages (although legal in Cameroon) would still be invalid in their country of origin.
I think this question mirrors the one about the legality of same-sex marriages in countries where it is illegal.
posted by Kwadeng at 3:32 PM on January 20, 2018
This may be of historical interest only.
Long time ago, I read a novel focused on the interactions of native Americans and the US Government. The key question in the plot was whether the Gov't would recognize the second wife of a native American as being married. The ruling was that the Gov't had to honor the customs of the tribe as being valid.
The book was fiction, but other evidence indicated the author was knowledgeable about the people of the time, and I doubt he would been inaccurate about such a pivotal point.
I rather think this has been overrun by subsequent events.
posted by SemiSalt at 4:14 PM on January 20, 2018
Long time ago, I read a novel focused on the interactions of native Americans and the US Government. The key question in the plot was whether the Gov't would recognize the second wife of a native American as being married. The ruling was that the Gov't had to honor the customs of the tribe as being valid.
The book was fiction, but other evidence indicated the author was knowledgeable about the people of the time, and I doubt he would been inaccurate about such a pivotal point.
I rather think this has been overrun by subsequent events.
posted by SemiSalt at 4:14 PM on January 20, 2018
How to Immigrate to Canada if You're a Polygamist
Winston Blackmore and James Oler found guilty of polygamy by B.C. judge
posted by Secret Sparrow at 10:37 PM on January 20, 2018
Winston Blackmore and James Oler found guilty of polygamy by B.C. judge
posted by Secret Sparrow at 10:37 PM on January 20, 2018
This thread is closed to new comments.
This one seems like an easy no. You don't have to file for divorce from a common-law marriage, even if it were valid, you just break up and the common-law marriage is dissolved. So even if it were valid, the answer is she cannot "sue." However, it's not valid. The man is already married, he cannot get married again, common-law or otherwise.
posted by If only I had a penguin... at 7:37 AM on January 20, 2018