New York Penal Law § 255.10: Unlawfully procuring a marriage license

Under New York law it is against the law to have more than one spouse, and it is against the law to have sexual intercourse with another person while you are still married. It follows that it is also against the law to get a marriage license while you have a spouse. Under New York Penal Law § 255.10 you could be charged with unlawfully procuring a marriage license if you get a marriage license while you still have a living spouse. It is a misdemeanor.

Example

Henry and Patricia are separated and are in the midst of a contentious divorce. Meanwhile, Henry has met someone and wants to marry her. The plan is to get married immediately after Henry's divorce is finalized. To prepare for the wedding, Henry and his fiancé, Greta, decide to get a marriage license even though he is still married to Patricia. Henry could be charged with unlawfully procuring a marriage license since he is still married to Patricia.

Related Offenses
  1. Unlawfully solemnizing a marriage: New York Penal Law § 255.00
Sentence

Unlawfully solemnizing a marriage is a class A misdemeanor. You sentence may include:

  • Up to one year in jail
  • 3 years of probation.
  • Fine
New York Penal Law § 255.10: Unlawfully procuring a marriage license

A person is guilty of unlawfully procuring a marriage license when he procures a license to marry another person at a time when he has a living spouse, or the other person has a living spouse.

Contact the Law Offices of Stephen Bilkis & Associates

Even though unlawful solemnizing a marriage is a misdemeanor and not a felony, if you are convicted you could still end up in jail and you will have a criminal record. In order to ensure that your case has the best outcome possible given the facts of your case, it is important that you have experienced representation. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felonies and misdemeanors. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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