By Bob Paterson No, polygamy is not legal in Illinois when it involves having more than one legally recognized spouse at the same time. Illinois prohibits a person from entering another marriage while an earlier marriage, civil union, or substantially similar legal relationship remains valid. A married person who knowingly marries another person can also commit the criminal offense of bigamy. Illinois recognizes only one valid marriage at a time, although relationships involving multiple adults should not automatically be confused with legally attempting to maintain multiple marriages.
What Does Illinois Law Say About Polygamy?
Illinois addresses polygamy primarily through its laws concerning prohibited marriages and bigamy.
Under 750 ILCS 5/212 of the Illinois Marriage and Dissolution of Marriage Act, a marriage entered into before an earlier marriage, civil union, or substantially similar legal relationship has been legally dissolved is prohibited.
For example, if a person is legally married and then attempts to marry a second person without first obtaining a divorce or having the first marriage declared invalid, the second marriage is prohibited under Illinois law.
Illinois therefore does not issue marriage licenses that allow one person to maintain two or more legally recognized spouses at the same time.
Is Bigamy a Crime in Illinois?
Illinois specifically criminalizes bigamy under 720 ILCS 5/11-45.
A person commits bigamy when he or she already has a husband or wife and then knowingly marries another person while the first marriage remains legally valid.
Illinois also creates a separate offense called marrying a bigamist. This applies when an unmarried person knowingly marries someone under circumstances that the unmarried person knows would make the other person guilty of bigamy.
The law therefore potentially applies not only to the already-married person but also to someone who knowingly participates in the prohibited second marriage.
What Is the Penalty for Bigamy in Illinois?
Bigamy is classified as a Class 4 felony under Illinois law.
A standard Class 4 felony can carry a prison sentence of one to three years, although sentencing can depend on criminal history and other circumstances. Probation or other sentencing alternatives may be available in appropriate cases.
By comparison, knowingly marrying a bigamist is classified as a Class A misdemeanor.
A Class A misdemeanor is less serious than a felony but can still result in criminal penalties, including possible jail time and fines.
Therefore, attempting to create an additional legal marriage while an existing marriage remains valid is not simply a family-law paperwork problem. It can create criminal liability.
Are There Any Defenses to a Bigamy Charge?
Illinois law recognizes several specific defenses.
A person may have an affirmative defense when the earlier marriage had already been dissolved or declared invalid.
A defense can also apply when the person reasonably believed that the previous spouse had died.
Illinois provides another defense when the previous spouse had been continuously absent for at least five years and the accused did not know during that period that the spouse was still alive.
The statute also recognizes a defense when the accused reasonably believed that he or she, or the person being married, was legally eligible to enter the marriage.
These defenses matter because Illinois bigamy requires a knowing second marriage rather than automatically treating every mistaken marriage record as a felony.
Can You Remarry After a Divorce in Illinois?
Once an earlier marriage has been legally dissolved, a person may generally marry someone else.
Illinois’s prohibition concerns entering a new marriage before the earlier marriage has ended.
For example, someone who is merely separated from a spouse is still legally married. Living apart for several months or years does not by itself terminate the marriage.
A person should therefore obtain a final judgment of dissolution before entering another legal marriage.
The same principle can apply when a previous marriage is being challenged as invalid. Until the person’s legal marital status is properly resolved, attempting another marriage can create serious complications.
Is Polyamory the Same as Polygamy in Illinois?
Not necessarily.
Polygamy usually refers to a person having or attempting to have multiple spouses, while polyamory generally describes consensual relationships involving more than two adults.
Illinois’s bigamy statute specifically focuses on knowingly marrying another person while already married.
A private relationship involving several adults does not automatically create additional legal marriages. Illinois will not recognize additional partners as spouses merely because the people consider themselves part of a committed relationship.
This distinction has practical consequences. A partner who is not a legal spouse does not automatically receive the marital rights that Illinois law gives a husband or wife, such as rights arising from divorce, marital property rules, or other spousal protections.
Other Illinois criminal and civil laws can still apply depending on the conduct involved.
Can You Have a Religious Marriage With More Than One Person?
A religious or spiritual relationship does not automatically create multiple legally recognized marriages in Illinois.
Religious organizations and individuals may have their own beliefs concerning relationships and marriage, but those beliefs do not override Illinois civil marriage law.
If a person already has a valid marriage and then participates in another ceremony that is intended to establish another legal marriage, the situation can raise issues under Illinois’s bigamy statute.
By contrast, a purely religious or symbolic relationship that does not create a legally recognized marriage may present a different legal situation. Whether a particular ceremony constitutes an attempted marriage can depend on the circumstances.
Does Illinois Recognize a Polygamous Marriage From Another State or Country?
Illinois generally recognizes marriages validly entered into elsewhere, but that principle is subject to Illinois public policy and its rules concerning prohibited marriages.
Illinois law specifically prohibits a person who remains in an existing valid marriage from entering another marriage.
It also provides that an Illinois resident cannot simply travel elsewhere to enter a marriage prohibited by Illinois law and then automatically require Illinois to treat that prohibited marriage as valid.
International plural marriages can involve additional immigration, inheritance, family-law, and conflict-of-laws questions, so their treatment may depend on the particular facts.
Frequently Asked Questions
Q1. Can you legally have two wives or two husbands in Illinois?
No, Illinois does not permit a person to have two legally recognized spouses at the same time. A person must generally end an existing marriage before entering another one.
Q2. Is bigamy a felony in Illinois?
Yes, knowingly marrying another person while already having a valid husband or wife is a Class 4 felony under Illinois law.
Q3. Can you get married while legally separated in Illinois?
No, legal or physical separation does not by itself terminate a marriage. A person generally needs a final dissolution of the existing marriage before legally marrying someone else.
Q4. Is a polyamorous relationship automatically illegal in Illinois?
No, a relationship involving multiple adults is not automatically the same thing as bigamy. The Illinois bigamy statute focuses on knowingly entering another marriage while already married. However, additional partners do not receive legal spousal status simply because the people consider their relationship equivalent to marriage.