Fight Bigamy

Why We Need a National Marriage Database

An article by Jerry Markon and Jamie Stockwell appeared in the The Washington Post today about Sham Marriages in Arlington County Virginia as well as other jurisdictions in Northern Virginia. According to Markon and Stockwell's article: Law-enforcement officials said the scheme took advantage of marriage laws they called lax in Virginia compared with those of the rest of the Washington region. Couples can apply for and be granted a license within minutes -- and can get married the same day. Yesterday, at the Arlington clerk's office, for example, a young couple, arm in arm, applied for a marriage license. Ten minutes later, a clerk asked them to raise their right hands and handed them a license. A sign nearby said: "Marriage licenses are $30 cash only. No checks, debit or credit cards."

Each state and the District of Columbia have laws for applying for a marriage license. A legal marriage provides benefits to both parties and is a legal, binding contract. Marriage licenses were not issued in the United States until the mid-1800s. In 1923, the Federal Government passed the Uniform Marriage and Marriage License Act. It was not until 1929 that every state had marriage license laws conforming to Federal standards. For the first time, every marriage in order to be legally recognized by the Federal Government had to be licensed.

Getting a marriage license is easy. In my home state of Virginia, the couple does not even have to be a resident of the state, there is no waiting period, and only some Virginia counties require a copy of a divorce decree if either of the applicants were married previously. You just have to show them your driver's license, pay $30 (cash), and you've got a license. The next day you could go to another county with another applicant and receive another marriage license.

This happens because there is no system in place to check to see if the applicants are married in another county much less another state. The proof of a prior marriage could be a divorce decree from two or three marriages back. The unsuspecting bride or groom wouldn't realize that there was a previous marriage that had not ended in divorce. Or depending on what was told to the other party, the appliciant could claim they had never been married. Getting away with multiple, fraudulent marriages in our country is a snap.

This system worked when it was first initiated because most people lived in rural communities where everyone knew one another, and punishment for bigamy was much more severe. Also most marriages at that time were religious unions and recorded in the family Bible.

Our archaic system is failing in our transitional, wireless-based society of today. Moreover, Internet dating sites have given many of these predators a whole new supply. Our fragile system is taken advantage of by serial bigamists sociopaths and con artists. Also fraudulent sham marriages, many that are bigamous, have become common among illegal aliens needing a green card and a path to citizenship.

A centralized National Marriage Database is desperately needed in this country. I urge you to sign Donna Layne Roberts' petition.

Bigamy or Polygamy in Michigan; Kyle McConnell may have had 15 husbands

Kyle McConnell, 46, a suburban Detroit woman admitted to a Macomb Michigan Circuit Court judge that she knowingly wed Douglas Rice while she already was married and plead guilty to polygamy. McConnell is currently serving a sentence of 22 months to 10 years in prison for trying to defraud another husband, Richard McConnell.

Michigan prosecutors said McConnell passed bad checks written to Richard McConnell and his family that were drawn on the bank account of Len Battaglia, another man whom she had married at some point.

Authorities say Kyle McConnell may have had 15 husbands at one time or another, though it's unclear how many of the marriages were contemporaneous. But, is this polygamy or is it bigamy?

When I think of polygamy images of Warren Jeffs, Tom Green, the Kingston clan abound. And I think of HBO's Big Love. All are Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS), and are not to be confused with the Church of Jesus Christ of Latter Day Saints who banned polygamy in the late 1800s.

Why is Michigan prosecuting Kyle McConnell under their polygamy statute instead of their bigamy law? In Michigan, polygamy is a crime which requires a second marriage in Michigan. It is not a defense that the second marriage is legally void, since all bigamous marriages are void, or cohabitation here after a bigamous marriage elsewhere. MCL 750.439; a divorce from, or death of, a first spouse will not validate a second (bigamous) marriage. A new marriage is required.

Bigamy is no marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband, shall have been dissolved. MCL 551.5   

The issue between polygamy and bigamy is confusing, and the definition of polygamy implies it is a practice.

• Bigamy: The criminal offense of marrying one person while still legally married to another.
• Polygamy: The practice of having more than one marriage. Religions and cultures that allow multiple wives or (less commonly) husbands.

It seems that Michigan's polygamy law protects victims of serial bigamists. A bigamy law only is enforcable for the spouse of the bigamist who had the null and void marriage. For example, if Serial Bigamist marries Husband1 then marries Husband2 without divorcing Husband1, then marries Husband3, Husband3 has a legal marriage, but Husband2 does not. In other words, Husband3 cannot file a bigamy complaint, but Husband2 can. A polygamy law protects against this and would give both Husband1 and Husband2 legal recourse.

Michigan authorities allege McConnell went from from one spouse to the next before they realized she had wiped out their bank accounts. In each case, a quick courtship ended in marriage. Allegedly, McConnell would then  persuade her new husband to hand over control of their finances so she could change the mailing address associated to the account. She'd then allegedly empty the account and leave him a few months later.

McConnell's sentencing hearing is scheduled for September 23. She could get up to four years in prison.

Read more in Emanuella Grinberg's CourtTV article on CNN.com, John Masson's article in the Detroit Free Press, and George Hunter's story in the Detroit News.

Sign the Petition for a National Marriage Database

Bigamy would become a crime of the past if there were a National Database of Marriages and Divorce. Donna Layne Roberts, victim of the notorious "Don Juan of Con"--William Michael Barber--began a petition asking Congress to support this request and pass a law that will require All marriages and ALL divorces to be entered into a National Database.

Bigamy is a serious social and criminal problem that is overlooked, laughed at, and enabled by the way in which applications for marriage licenses are haphazardly given to applicants in the United States. If you apply for a marriage license, no background checking is done, and you are "at your word" to provide honest answers on the marriage application. A man or woman who is already married, could easily go today and get married and no checking is performed. Furthermore, there is no centralized database for jurisdictions to check to see whether or not a person is being truthful on their application.

Even a bigamous marriage can occur in the same in the same jurisdiction. Julia Bish-Judah-Hunt-White-McGovern married two men in Las Vegas. The marriages appear in the Clark County, NV marriage database. No checking was done to see if the serial bigamist obtained a divorce because Bish lied on her marriage application stating that Randy Bish was dead. Julia was married White, Hunt, McGovern, and Judah while still married to Randy Bish.

A recent article appeared in The Congressional Quarterly. Both Donna Layne Roberts and myself were interviewed. We were immediately deluged the criticism from libertarians and others who believe that privacy issues should not be made public. This fight will be an uphill battle. Below are just some of the negative comments we received:

Oh really, so when someone rushes to judgement and marries after
knowing a person for about 2 months is not that person's fault? Bigamy
is a crime, yes. YOU fight it when YOU WAIT to marry. Know the person
for a minimum of 6 months before DECIDING to marry then wait another
YEAR before marrying. If you can't wait that long then you take the
responsibility yourself. I am going to write my Senators and
Representatives and tell them with to OPPOSE this thing. Being a
"victim" of bigamy is not the same as being a victim of a violent
crime.
- Stephen J. - Va Beach

Here we go again! (hide comment)
Another national database, run by our friends in the federal
government? I don't think so! Why is it that so many people think that
the government can solve all their problems for them? They
can't.....they only create more problems. Anyhow, this does not seem to
be a widespread problem. Ladies, take your time, and learn about the
guys BEFORE you marry them. You have no one to blame but yourself for
your ignorance of their past history.
- Donald B. - Virginia Beach Here we go again! (view comment)

Are kidding me? (hide comment)
Is this really a big problem? How many people actually get conned into
these relationships? Let's start a database for something which affects
more folks. How about one for tracking meteorites which strike people.
I think that we should be aware of those nasty things so that we can
stop it from hurting the 1 in 100000000000000000000 people it comes
into contact with. Do we really need more tax dollars, government
employees, and time spent stamping out a problem which could be solved
by getting to know your partner a little better. Let's just make folks
aware of the problem, allow folks to set up PRIVATE supports groups,
and keep the government out of our lives as much as possible. Besides,
how efficient would a government database be? I can't think of a better
way to make a problem worse!
- Brett C. - Portsmouth

Bigamy is a felony in 37 states, yet rarely do bigamists ever spend a night in jail. Many get off with fines less than what most of us get for reckless driving tickets. It is cheaper to be a bigamist than get a divorce. Bigamists dish out emotional abuse to their victims, and they ruin them financially. Please sign the petition today and help ensure the prevalent crimes of bigamy and fraud will become harder to commit, and the sanctity of both religious and civil unions will be protected.

What other bloggers are saying about the petition for a National Marriage Database:

• Lovefraud Blog
• You're A Target Not a Victim
• Exposing Cyberpaths and Online Predators
• Con Men and Con Women
• Crime Sucks!

Do you think you are married to a bigamist? Do you know someone who is? Read this. Interested in a bigamy discussion group, please join.

Bigamy, Polygamy and the Law

Bigamy is the act of a married person marrying yet another person. While the basic definition of bigamy is broad enough to include polygamy and the terms are occasionally used interchangeably, the practices differ. A bigamous person has two spouses; a polygamous person has many spouses. In contemporary society, it is a crime by statute. Bigamy is not acceptable even if it is sanctioned by religious beliefs of the parties involved.

The court with jurisdiction over bigamy must lie within the jurisdiction where the crime occurred; in other words, the jurisdiction where the second marriage took place. A statute that would allow for prosecution in some other state would be unconstitutional.

Jurisdiction

However, most statutes addressing this crime expand the definition of the term bigamy to include cohabitation as well. Cohabitation is the act of the parties in a bigamous or polygamous relationship living together. Therefore parties who commit bigamy (marry) in one state and then move to another may be prosecuted for cohabitating in their state of residence.

The legislative theory behind combining these acts into one statute is that the state has the responsibility to protect the public morality from the practice of cohabitation resultant from bigamy. Thus there is no jurisdictional problem.

Guilt and Validity

An unmarried person who marries a married person is bigamous, if that person knew of the other existing marriage. The crime of bigamy is based on the assumption that the first marriage is valid at the time of the second. Determination of the validity of the first marriage must be made under the laws of the place where the initial marriage occurred.

If the first marriage is valid, the second is bigamous even though the defendant believed that the first marriage was invalid, absent a statute providing otherwise. In recent years, a blanket provision has been adopted in a number of jurisdictions that allows a defense for bigamy if the accused believed in good faith that the first marriage was void.

Bigamous marriages are by definition void: a man marries a second wife during the course of a first marriage, and the first marriage is dissolved by death or divorce. He then marries a third wife. He can be convicted of bigamy for the second marriage but not the third. Because the second marriage is bigamous it is void, and because the third marriage occurred after the dissolution of the first it is valid.

The statute of limitations begins to run from the date of the second marriage. Where the statutory violation is cohabitation after a bigamous marriage, the statute of limitations does not begin to run until the cohabitation ceases.

Prolonged Absence

Statutes provide that it is a legitimate defense for bigamy that the defendant's spouse has been absent for a prolonged period during which it was not known whether the absent party was alive. The statutory periods of absence vary, although five years is common. In some jurisdictions such as Connecticut, there is no specified period of time. It is sufficient that the defendant "reasonably believed, based on persuasive and reliable information, that the prior spouse was dead." Absent any such statutory provision, this will not be an acceptable defense.

By: Evan Bailyn from ChooseLaw.com

Muslim Men Trolling the Web Looking for Wives in Australia--Many are Already Married

Muslim men in Australia are trawling "marriage websites" looking for second wives in what immigration officials say is a growing illegal trade. And Muslim leaders have warned that men who take second wives from overseas face jail or deportation.

A Sunday Herald Sun investigation has found Muslim men are using the Internet to attract second wives with promises of financial security. Immigration officials are investigating a growing number of second marriages and say anyone found to have committed bigamy will be prosecuted.

For more information, see the article in its entirety on "Fighter's" Exposing Online Predators and Cyberpaths.

Supreme Court of India Orders Registration of Marriages

The Supreme Court of India ordered compulsory registration of marriages irrespective of religion. It directed the Centre and all the States and Union Territories to amend the rules to this effect within three months. The judges agreed with the views of the National Commission for Women that compulsory registration would be of critical importance to prevention of child marriages and marriages without the consent of parties; checking illegal bigamy/polygamy; ensuring the minimum age of marriage. Supporters say it will curb bigamy and marriage without consent.

For more information see The Hindu, BBC News and the Khaleej Times

China Develops Centralized Marriage Database to be made Available on the Internet

China's Ministry of Civil Affairs has gathered information on everyone registered as 'married' from each province-level district. This information will gradually be available on the Internet for public view, as an attempt to stop bigamy, overlapping registrations, and other issues, Xinhua news agency reported today.

The local government used to be in charge of collecting marriage registrations, their efforts are now being used to set up the nation-wide data base, said Pan Jisheng, who is in charge of all the files and documents of the Civil Affairs Ministry.

It will be an efficient way to prevent illegal activities such as bigamy, said Pan. 

People who breach bigamy clauses in Chinese criminal law will be punished by imprisonment with a maximum of two years.   

The ministry also published a regulation in regards to the management of the marital files on Sunday, which said each marriage license and registration will be stored for 100 years.

By: Li Xinran
Shanghai Daily

For more information see:

• China Uses Internet to Prevent Bigamy
• Internet Used to Prevent Bigamy
• Marriage Information Goes Online
• Chinese Ministry Uses Internet to Prevent Bigamy

I Am Married To A Bigamist

What Should I Do?

Too often, bigamy is a crime that goes unreported because its victims are embarrassed to go to the authorities. Victims are ashamed they have married someone who has not obtained an annulment or divorce from their previous spouse. Bigamy is socially unacceptable and it is not tolerated by our society. Bigamy is a crime.

But, why should you be ashamed? What have you done? You've done nothing, except love someone who has lied to you; you've done nothing except loved someone who has frauded you; you trusted your spouse to be honest with you. Speak up, go to the police, and don't back down.

I know I am married to a bigamist, what should I do?
If you know you are married to a bigamist, go to the police immediately. Also retain an attorney quickly to represent you in your annulment. If you have proof you are married to a bigamist, take both marriage licenses with you to the police, this will help speed the complaint process.

What if I am not sure my spouse is a bigamist?
If you are not sure, contact the previous spouse. Chances are he or she will be willing to help you. If the previous spouse is not willing to cooperate, try to secure the marriage license and look for the divorce decree or ask the police to contact the previous spouse.

Marriage licenses and divorce decrees are difficult to obtain because every state has different regulations and there is NO centralized database in the United States of marriage records.

Lovefraud.com has an excellent section on Mission Impossible: Finding Out If Someone Is Married that will help aid in your search.

I have filed a complaint but Law enforcement officials are dragging their feet. Should I give up?
Never give up; but welcome to the world of being married to a bigamist and dealing with law enforcement officials. Even though bigamy is a crime, it is not on the priority crime list of police. And in many jurisdictions, it is not even on the radar.

Frankly, bigamists are not the biggest fish to fry when thrust into the company of murderers, rapists, and gang-related violence. Nonetheless bigamy is a CRIME, and bigamy is a felony in all but thirteen states. Until victims start pushing and making law enforcement officials and prosecutors accountable for prosecuting this crime, it will remain unimportant and unrecognized.

Become relentless; become a bulldog. Make daily phone calls to the detective handling your case. If you are not satisfied, talk to his or her superior, and talk to the prosecutor handling your case. If you feel you are getting the runaround or your calls are not being returned, or your emails are deleted without being read, go to your elected county or city representative. You are a taxpayer and your hard-earned tax dollars help pay the salaries of the law enforcement officials. Do not give up.

Bigamy is an overlooked and unreported crime in the United States and UK. Bigamists wreak havoc in their victims' lives, not just emotionally but financially as well.

If you become relentless in your pursuit, you can make a difference. Read about a one brave woman's pursuit to ensure her bigamist spent two years in jail.

Bigamy Laws
Bigamy is a felony in most states. Bigamy statutes for each state and the District of Columbia are divided alphabetically into the following categories on Fighting Bigamy:

• Bigamy States A-G
• Bigamy States H-L
• Bigamy States M-P
• Bigamy States R-W

Please note there is no centralized database for jurisdictions to check to see whether or not a person is being truthful on their application. The sentences and fines for bigamy are less than for a DUI. If a National Marriage Database were in place, this would not be a problem. I urge you to sign the petition urging Congress to institute such a database.

Stop Bigamy in the UK

Imagine learning your spouse of more than a decade was cheating on you and had been for more than two years. Now imagine discovering your spouse was actually a bigamist and - therefore your marriage was effectively "null and void".

No, that's not a storyline on your favourite soap opera, it's the real life drama of Julia Johns, co-founder of StopBigamy.

In 2002, Julia logged on to soyouvebeendumped.com for support. Not long after, she approached Thea Newcomb, its founder, to launch a sister site to specifically help other bigamy victims. Three years on, they are united in their fight to implement change - and to fill gaps that are found in the UK's legal system.

In an ideal world, the pair would love to "stop bigamy" - as the name suggests - but with upwards of one hundred bigamy cases reported in the UK each year (any many many more that go unreported!), Johns and Newcomb would simply settle for an annual decrease in bigamy cases, and an increase in prosecutions and fines of bigamists.

Check out StopBigamy-UK for resources, support, and information regarding bigamy in the UK.

Anti-Bigamy Advocacy

Advocacy Tips

Advocacy is all about action. Speaking out on important issues — in person, on the phone, via letters, faxes, emails, or phone calls, as an individual or in a group — is part of the democratic process. Make the most of the opportunity.

• Do your homework. Learn as much as possible about the issue of concern.
• Choose the method that is most comfortable for you. There are many ways to make your opinions known. The important thing is to do it.
• Have a clear, focused purpose for your action. Address one issue at a time, and use the facts. The more prepared you are, the more persuasive you can be.
• Be specific about what you want to achieve. What do you want your senator, representative, or other public official to do?
• Communicate as a constituent. Show the legislator or official specifically how his or her constituency is affected by or concerned about the issue.
• Be courteous and reliable. Do not promise what you can not deliver in terms of help or information. Leave your contact information. And always follow up on requests for additional materials or further clarification.

Legislative Visits:

Visiting a member of Congress — in Washington DC or in a hometown office — is the most personal and effective way to communicate your views.

• Determine if you want to visit your legislator's Capitol or local office.
• Call for a calendar to confirm your appointment options.
• Schedule a specific appointment by phone. A written request may also be required. Tell the staff member the number of people attending and the issue(s) of interest.
• Be prompt. And if the legislator or official is late, be patient and flexible.
• Do not be disappointed if the meeting is with a staff person. There is great value in educating and building a relationship with the key staff members on issues.
• Be prepared to speak confidently on as many, but not more than, three issues.
• Bring concisely and clearly written materials outlining your position and leave them with the person you are visiting.
• Follow up the meeting with a "thank you" letter outlining what was covered and reiterating your goals.

Letters to Legislators

The written word is very powerful. Congressional staffers read, log, and report on input they receive especially from constituents. Letters, faxes, and emails are all valuable ways of communicating with legislators — but emails are an effective way to weigh in when time is of the essence.

• Use this website to view sample letters have been created, but you may adapt the message to personalize it or include additional information.
• If you are writing an email on your own, clearly state your facts and your purpose. Address only one issue, keep the message concise, and if possible, include personal examples of why you support/oppose the issue.
• You may also mail a letter directly to your legislators but its delivery will be significantly slower than via email and may miss the critical window of opportunity to impact urgent decisions. Faxing is another way to get your letters to legislators quickly. Addresses, telephone, and fax numbers for your legislators are available through THOMAS.
• You may also call your legislators via the Capitol switchboard at 202 224 3121. As with letters be clear, concise, and prepared to leave your contact information.

Letters to Editors

Letters to the editor are an effective way to communicate a message about an issue to the general public.

• Find a "hook." Most papers prefer letters written in response to an editorial, column, or news story that recently appeared in that paper. It is also useful to link the issue to current events.
• Be timely. The quicker the response to a piece, the better.
• Be succinct. Most papers limit the length of letters. If specific limits are not mentioned in the paper or on the website, call and ask.
• Research the topic. The letter should express an opinion, but it will be much stronger with facts, particularly if it is a rebuttal to a recent piece. Personal examples are also very powerful.
• Know the audience. Read past letters to the editor and become familiar with what the paper typically prints. It is much more difficult to be published in a metropolitan daily newspaper than in a neighborhood weekly. Try to relate the letter/issue to the local community.
• Submit the letter to one newspaper. Letters to the editor should be specific. Sending the same letter to multiple outlets dilutes the message and irritates the editors.
• Identify yourself. Include your name and your affiliation with NCJW (or another organization, if appropriate) to be published with your letter. If you are writing on behalf of NCJW or another organization, make sure that you have the organization's support for your point of view and permission to speak in their name. For the editor's information only (not to be published), include your complete contact information.

Additional Resources

Elected Officials Directory
A search engine to easily identify and connect with elected officials at both the federal and state levels.

THOMAS
THOMAS is a service of the Library of Congress that provides federal legislative information on the world wide web, including bill status, bill summaries, vote counts, committee reports, and the text of the Congressional Record.

For legislative information on the state level, go to www.state.(abbreviation of state).us

For instance, to reach the Massachusetts government site, you would go to www.state.ma.us

FOR MORE INFORMATION

For more information, email OneOfSeven.

Take Your Time and Investigate Your Mate To Be

Dear DateSmart,

Just recently I filed Bigamy charges against my husband. Being in a rural area, the local DA's office do not want to deal with it.

My husband fits the profile. My husband abruptly left my son and I after 7 months of marriage. He then re-married within the same year to the young lady he moved in with just 6 miles from my home.

Question: Why the DA will not handle my case. In November 2001, we went to court, Bench Trail. The Judge stated that he would finalize the divorce but he would not address property issues due to my having to file chapter 13. (From being abandoned).

When my attorney sent my husbands attorney the petition, they rejected it. My husband wanted to settle the property issues of "who gets what equity" in court. In bankruptcy court, my husband had to convince the Judge to give him a "release of stay" so that we could finalize our divorce.

This took 3 months. Release was granted (March 12th 2002). It was during this time that I got word that he had remarried. This is why the DA chose not to deal with my case. I am 46 years old and to start over with nothing is very hard for me and for my son.

So, I will say to all those who read what's on DateSmart.com to PLEASE be watchful. TAKE YOUR TIME, INVESTIGATE YOUR MATE TO BE.

Wife of a Bigamist in Georgia!

from DateSmart.com