To report bigamy in Texas, file a criminal complaint with your local police department, county sheriff’s office, or the District Attorney in the county where the second marriage took place or where the couple lives. Bigamy is a third-degree felony under state law, carrying two to ten years in prison and a fine of up to $10,000.1State of Texas. Texas Penal Code 25.01 – Bigamy2State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment What determines whether your complaint goes anywhere is the paperwork you bring with you, so gather marriage records and supporting evidence before you walk into the station.
Where to File the Report
Start with your local police department or the county sheriff’s office. These agencies take the initial crime report, assign a case number, and run the investigation. Call the non-emergency line first and ask whether they want you to come in person. For something built on documents, most departments will.
You can also go directly to the District Attorney’s office in the county where the second marriage happened or where the couple has been living together. Prosecutors ultimately decide whether charges get filed, and while they generally prefer a completed police investigation to work from, calling the criminal intake division can help if a police report feels stuck.
If the bigamy connects to immigration fraud, there’s a federal track as well. Marriage fraud tied to immigration status can be reported to U.S. Immigration and Customs Enforcement through its online tip form. Fraud involving Department of Homeland Security programs goes to the DHS Office of Inspector General at 1-800-323-8603 or through its online hotline.3Office of Inspector General, U.S. Department of Homeland Security. Hotline
Don’t wait. Texas sets a three-year statute of limitations on felonies not otherwise listed, and bigamy falls into that general category. If you learned about the situation years after it began, the window to pursue criminal charges may already be narrow.
Evidence to Bring With You
The most important documents are certified copies of both marriage certificates. Request them from the county clerk’s office in the Texas county where each marriage was recorded, in person, by mail, or through the clerk’s online portal. If one marriage happened in another state, contact that state’s vital records office. Fees generally run between $10 and $35 per copy.
Along with the certificates, pull together:
- Full names and dates of birth for the accused and both spouses
- Dates and locations of both marriage ceremonies, as specific as you can get
- Photos or video from either ceremony
- Social media posts where the person presents as married to the second spouse
- Contact information for witnesses who attended either wedding or saw the couple living as married
- Financial documents showing a shared address, joint accounts, or insurance policies listing a spouse
You don’t need every item to file. Investigators can subpoena what you can’t access, and if you aren’t a party to either marriage you may not be able to get certified copies yourself. Tell the officer that, and they can pull the records directly. But the more complete your file when you walk in, the faster the case moves and the more weight the complaint carries.
What Counts as Bigamy Under Texas Law
Texas reaches further than second wedding ceremonies. A person commits bigamy if they’re legally married and either marry someone else or live with someone else while holding themselves out as married.1State of Texas. Texas Penal Code 25.01 – Bigamy For the cohabitation version, both pieces have to be there: living together and at least one party intending to be married.
The statute also reaches the other side of the relationship. Someone who knows a person is already married and goes ahead and marries them, or lives with them as though married, commits bigamy too.1State of Texas. Texas Penal Code 25.01 – Bigamy That matters if your report involves a third party who knew what they were walking into.
One defense will shape the investigation. If the accused reasonably believed the earlier marriage had ended through death, divorce, or annulment, that belief is a defense, and the statute defines “reasonable” as being backed by a certified death certificate or a signed court document.1State of Texas. Texas Penal Code 25.01 – Bigamy A vague “I thought we were divorced” without paper doesn’t clear the bar. If the person you’re reporting has a plausible paper trail suggesting they believed the first marriage was over, prosecutors may decline the case.
What Happens After You File
A detective or investigator takes the complaint and independently verifies it. That means pulling certified marriage records, confirming the first marriage was never legally dissolved, and interviewing everyone involved, including the accused and both spouses. One feature specific to Texas bigamy cases: the lawful spouse of the accused is allowed to testify both for and against them, an exception to the usual rule limiting spousal testimony.1State of Texas. Texas Penal Code 25.01 – Bigamy
If the investigation establishes probable cause, the file goes to the District Attorney, who decides whether to file charges. Plenty of cases get filtered out at this stage: a credible defense, ambiguous records, or thin evidence can all lead the DA to pass. You won’t always get notified of that decision, so check in with the assigned detective periodically.
If You’re the Unknowing Spouse, Watch the 30-Day Clock
Beyond the criminal case, there’s a civil deadline that can quietly affect your rights. A marriage entered into while one party is still legally married to someone else is void from the start under the Texas Family Code. But a void bigamous marriage can later become valid if the original marriage ends and the couple keeps living together as married. A spouse who didn’t know about the prior marriage can block that outcome by filing a suit to declare the marriage void within 30 days of discovering the bigamy.4State of Texas. Texas Family Code 6.202 – Marriage During Existence of Prior Marriage Deployed military service members get 90 days.
Either party to a void marriage can ask a Texas court to declare it void, as long as the marriage was entered into in Texas or either party lives here, and the court can address custody, support, and property division in the same proceeding.5State of Texas. Texas Family Code 6.307 – Jurisdiction to Declare Marriage Void Missing the 30-day deadline won’t stop the criminal case, but it can change your civil position. If this is your situation, talk to a family law attorney quickly.
Immigration Consequences for Non-Citizens
If the person you’re reporting isn’t a U.S. citizen, a bigamy conviction can carry federal consequences on top of the state penalties. Federal immigration law makes any immigrant coming to the United States to practice polygamy inadmissible.6Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens A conviction can also undermine the “good moral character” finding needed for naturalization, potentially blocking citizenship for at least five years after the bigamous situation ends. If the second marriage was used to support a green card or visa petition, that layer of federal marriage fraud belongs with DHS as well as the local report.