No, polygamy is not legal in Texas. Texas law recognizes and permits only one legal spouse at a time, and entering a second marriage while still legally married is considered bigamy, a criminal offense. Even if all parties consent, Texas does not recognize multiple spouses in marriage licenses, family benefits, custody disputes, or property rights. However, Texas does allow multiple consenting adults to live together, date, or share households, as long as they do not attempt a legal second marriage.
In other words, polygamy as a lifestyle or religious practice is allowed, but polygamy as a legal marriage is not recognized and can result in criminal charges.
How Does Texas Define Polygamy?
In Texas, the legal crime associated with polygamy is called bigamy. It applies when someone:
- Is already legally married, and
- Marries or claims to marry someone else, or
- Lives with another person under the appearance of marriage
This law is found in Texas Penal Code §25.01, and it applies whether the second marriage ceremony is civil, religious, or private.
Key Point: You don’t have to file paperwork for it to be illegal. A “marriage-like” ceremony can still count as bigamy.
What Are the Penalties for Polygamy/Bigamy in Texas?
Criminal Penalties
Texas classifies bigamy as:
- A felony (Third Degree) punishable by 2 to 10 years in prison
- If a minor is involved (under 17), penalties increase
Civil Consequences
- The second marriage is void automatically
- The spouse in the second “marriage” has no legal spousal rights
- There is no right to divorce, alimony, community property division, or inheritance as a spouse
Can Adults Live Together in a Polygamous Household?
Yes. Cohabitation Is Legal.
Multiple consenting adults may:
- live together
- date
- share finances
- share a home
- raise children together, so long as no laws are broken
Texas cannot regulate private relationships between consenting adults.
But they cannot legally “marry” more than one partner.
Any ceremony claiming to create a second marriage can trigger bigamy laws.
What About Religious Polygamy?
Texas does not recognize religious polygamous marriages, even if a faith tradition supports them (such as some Fundamentalist Mormon sects or certain interpretations of Islam or African traditions).
Key Clarification:
- Practicing polygamy for religious reasons is not a crime
- Holding a religious ceremony that claims to create a second marriage is a crime
Texas focuses on the appearance of marriage, not whether the certificate was filed with the county.
What If a Polygamous Household Has Children?
Children in polygamous families have the same legal protections as any children in Texas.
- Parents can still have custody and visitation rights
- Child support laws still apply
- Being in a polygamous household does not automatically prompt removal
Child Protective Services only intervenes if:
- there is abuse
- forced marriage
- minors being married
- coercion or trafficking
Texas does not take children away simply due to parents’ relationship structure.
Inheritance & Property Issues
Because Texas does not recognize more than one spouse:
- Only the legal spouse has inheritance rights
- Community property is only shared with the legal spouse
- A second “wife” or “husband” has no legal claim, regardless of time lived together
If someone in a polygamous household wants to provide for an additional partner, they must use:
- a will
- a trust
- insurance beneficiary designations
Without planning, a surviving partner could receive nothing.
Can You Get Divorced and Remarry Immediately?
Yes, but there’s a catch: You must wait until the divorce is finalized.
If someone remarries while a divorce is still pending, that counts as bigamy. Final paperwork matters.
Final Note
Texas only recognizes one legal spouse at a time. Entering a second marriage or holding a ceremony suggesting a second marriage can result in felony charges. However, consenting adults may live together in multi-partner relationships without criminal consequences, as long as they do not attempt a legal or ceremonial second marriage.
