Article 134 UCMJ – Bigamy – Military Defense Lawyers
UCMJ Military Defense Guide by Gonzalez & Waddington
Article 134 of the Uniform Code of Military Justice criminalizes bigamy, meaning a service member marries another person while already legally married, or knowingly marries someone who is still married to someone else. Bigamy is a rarely understood, frequently accidental, and often emotionally complicated offense. Many bigamy allegations arise during separations, long-distance marriages, hasty relationships, immigration-related marriages, deployments, and messy breakups.
Bigamy under Article 134 is often charged when a service member believes they were divorced, believes a prior marriage was invalid, thought a separation agreement served as divorce, or entered a new marriage based on false information given by a partner. Commands may also file bigamy charges as part of a broader effort to punish adultery, fraud, domestic disputes, or relationship-driven misconduct.
Bigamy allegations are especially common in Florida due to the state’s large transient population, high rate of short-term relationships, quick marriages, long-distance family situations, and frequent PCS moves. Service members assigned to NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt, Tyndall, Patrick SFB, MacDill, NSA Panama City, NAS Key West, or Coast Guard Sectors often face bigamy accusations during complex personal transitions.
Gonzalez & Waddington is internationally regarded for defending service members accused of relationship-based offenses under Article 134. We dismantle bigamy cases by exposing miscommunications, administrative failures, mistaken beliefs, delays in divorce processing, and the emotional complexities often ignored by prosecutors.
What Counts as Bigamy Under Article 134?
Bigamy occurs when a service member:
- Marries someone while still legally married to another person, OR
- Knowingly marries someone who is legally married to someone else.
Important clarifications:
- Separation is NOT a divorce
- Filing for divorce is NOT a divorce
- Annulment must be legally completed
- Foreign divorces must be recognized under U.S. law
Many service members misunderstand the legal status of their marriage due to outdated separation papers, failed divorce filings, overseas courts, or misinformation from a partner.
Elements the Government Must Prove
To convict a service member of bigamy under Article 134, prosecutors must prove:
1. The Accused Entered Into a Marriage
A formal marriage ceremony or legal marriage contract occurred.
2. The Accused or Their Partner Was Already Married
The prior marriage must still have been legally valid at the time.
3. The Accused Knew About the Existing Marriage
This is the key element — bigamy requires knowing misconduct.
4. The Conduct Was Prejudicial or Service-Discrediting
Prosecutors must show the marriage harmed good order or reputation.
Common Factors Leading to Bigamy Accusations
1. Misunderstanding Divorce Status
Believing a divorce was finalized when it was not.
2. Delay in Court Processing
Divorce paperwork filed but not approved by the court.
3. Overseas Marriages
Foreign divorces or marriages not recognized in the U.S. military system.
4. Partner Lying About Their Divorce
Very common in Florida’s large dating communities.
5. Quick Marriages During Emotional Periods
Impulse decisions made during stressful life events.
6. Citizenship or Immigration-Related Marriages
Partners using service members for immigration status.
7. Domestic Violence-Driven Reporting
Partners weaponize bigamy accusations during disputes.
8. Administrative Failures
Courts losing paperwork or failing to file completed divorces.
9. Name Changes or Identity Confusion
Multiple legal names causing errors in marriage status checks.
10. Overlap Between Marriage and Separation
Starting a new marriage too soon after separating from a spouse.
Why Bigamy Allegations Are Common in Florida
Florida’s military population faces unique risks:
- Large number of long-distance marriages
- Frequent deployments causing communication breakdown
- High relationship turnover among junior enlisted
- Quick courthouse marriages in Florida counties
- High divorce rate
- Partners misrepresenting marital status
- Tourism culture leading to fast relationships
- PCS moves causing delays in divorce processing
Nearly half of all Florida bigamy accusations involve a misunderstanding—not criminal intent.
Florida-Specific Real-World Bigamy Scenarios
1. Believing a Divorce Was Final
A service member remarries before receiving the final decree.
2. Partner Lied About Being Divorced
Common in online dating and rapid Florida relationships.
3. Court Lost or Delayed Divorce Paperwork
Especially common in Florida counties with high caseloads.
4. Military Member Marries Someone Overseas
Foreign marriages often clash with U.S. recognition rules.
5. Getting Married During Separation
Many mistakenly believe being “separated” equals “divorced.”
6. Domestic Dispute Leads to Bigamy Complaint
Partners weaponize legal knowledge to retaliate.
7. Immigration-Driven Marriages
Partner misrepresents their marital status to gain benefits.
8. Quick Florida Beach Wedding
Service member spontaneously marries without confirming divorce status.
9. Clerical Errors in Florida Marriage Licenses
Name mix-ups or mismatched IDs lead to inaccurate marriage records.
10. Prior Marriage Not Properly Terminated
Annulment never finalized, or divorce not filed in correct jurisdiction.
Maximum Punishments for Bigamy Under Article 134
Bigamy can result in:
- Bad-conduct discharge
- Confinement up to 1 year
- Total forfeitures
- Reduction to E-1
Even without court-martial, bigamy accusations often lead to:
- Administrative separation
- GOMORs / reprimands
- Loss of promotion eligibility
- Negative evaluations
- Officer show cause boards
- Security clearance suspension
How Bigamy Investigations Work
Bigamy investigations typically involve:
- NCIS, CID, OSI, or CGIS
- Command-directed investigations (15-6, JAGMAN, CDI)
- Florida county clerk’s offices
- Family law courts
- Social media and digital evidence
Common Investigative Errors We Expose
- Assuming knowledge when none existed
- Mistaking separation paperwork for incomplete divorce
- Failure to analyze intent
- Believing biased spouses or partners
- Misreading Florida’s marriage laws
- Failing to obtain the actual divorce decree
- Relying on incomplete clerk records
We often obtain court documents, clerk records, and communication history to prove innocence.
Defense Strategies for Article 134 Bigamy Cases
1. Attack the Knowledge Element
The accused must KNOW a prior marriage existed. Many cases collapse when we prove mistaken belief, misinformation, or administrative confusion.
2. Attack the Intent Element
No intent to deceive = no bigamy. The military cannot punish accidents.
3. Use Florida Marriage & Divorce Law Against the Prosecution
Florida’s statutes are complex and often misapplied by command.
4. Prove Partner Misrepresentation
If the spouse lied, the accused is not guilty.
5. Show Administrative Delays or Errors
Courts frequently lose documents or fail to file divorces properly.
6. Use Digital Forensics
Texts, emails, DMs, and social media prove the accused’s understanding.
7. Argue No Prejudice to Good Order
Private personal issues rarely impact mission readiness.
8. Establish Cultural or International Misunderstanding
Foreign divorces and translations frequently cause confusion.
Pro Tips for Anyone Accused of Bigamy
- Do NOT talk to investigators.
- Do NOT admit “I thought I was divorced” without documentation.
- Gather all marriage, divorce, separation, or annulment paperwork.
- Request clerk documents from relevant counties or countries.
- Preserve text messages with the partner involved.
- Avoid contacting the accuser or spouse.
- Document your understanding of marital status privately.
- Hire an experienced civilian military defense lawyer immediately.
Related UCMJ Articles
- UCMJ Article Hub
- Article 134 – Adultery
- Article 134 – Fraternization
- Article 107 – False Official Statement
- Article 133 – Conduct Unbecoming an Officer
Article 134 Bigamy – Frequently Asked Questions
Can I be convicted if I thought I was divorced?
No. Bigamy requires knowledge. If you reasonably believed the prior marriage was dissolved, you are not guilty. Many Florida courts experience delays or clerical issues that confuse service members.
Can I be charged if my partner lied about being divorced?
No. If the other person misrepresented their marital status, you cannot be guilty of bigamy. We expose deception through digital forensics and court documents.
Is separation the same as divorce in the military?
No. Many service members mistakenly believe that separation papers or living apart equals divorce. Legally, you remain married until a court signs a final decree.
Can bigamy ruin my career?
Yes. Even without a court-martial, bigamy accusations can lead to administrative separation, reprimands, or officer elimination. We fight aggressively to protect your rank and career.
Why hire Gonzalez & Waddington?
We are global leaders in defending Article 134 cases. Our firm specializes in uncovering administrative errors, miscommunication, and relationship-driven allegations that often fuel bigamy charges. We protect your career, reputation, and future.