HoustonCutie said:
If a couple is seperated and the husband has a wedding ceremony by an ordained minister but no marriage license, is he comitting bigamy?
My response:
The presumption that I'm making, due to your Board Name, is that you are asking about Texas law. Please be more specific if you post again to the Boards.
That aside, in order for a Texas ceremonial marriage to be valid, the parties need a marriage license - - otherwise, the ceremony has no legal meaning except to the couple; but, certainly not the State :
§ 2.001. Marriage License
(a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state.
But, at the same time, Texas is a Common Law marriage State. If they register their "living together" relationship at the county Clerk's Office, then they would have a Common Law marriage, and thereby, your husband's marriage to his new, Common Law, "wife" would be bigamous.
But, unless they register, there is no Common Law marriage recognition by the State. In essense, they wanted the beauty of the ceremony, without the State's involvement.
From the information you have currently supplied, I can see no bigamy involved - - Texas style.
IAAL
