Is Polygamy Legal in California? 2025
By Stephane Quinn | By Quinn & Dworakowski LLP |Polygamy raises legal and social questions that often lead people to explore how the state defines legal marriages. If you’re wondering, “Is polygamy legal in California?” the answer depends on this legal definition of marriage and the penalties for violating these rules. Whether based on cultural tradition, religious beliefs, or curiosity, understanding how California handles multiple marriages is essential.
Understanding the Legality of Polygamy in California.
Polygamy is not legal in California. Under California Penal Code § 281, entering into marriage with more than one person at the same time (also known as bigamy) is a criminal offense. The laws are clear that individuals cannot be married to more than one person at once, and any marriage is considered invalid in California. A person found guilty of bigamy may face potential jail time and fines.
Polygamy has a long history in the United States, particularly with the Mormon communities in the 19th century. Although the Church of Jesus Christ of Latter-day Saints officially ended the practice in 1890, some fundamentalist groups continued the practice in secret. Utah decriminalized the practice in 2020 by reducing it from a felony to an infraction when no other crimes were involved. Still, no states legally recognize the practice.
Shifting Public Opinion on Polygamy
Despite its clear legal status, public attitudes toward polygamy in the United States are shifting toward acceptance of the practice. In 2003, only 7% of Americans polled by Gallup found polygamy to be morally acceptable. By 2020, that number had nearly tripled to 20%. This shows a growing tolerance for nontraditional relationship structures. Polling also finds a growing shift in how Americans view marriage, family, and personal freedom.
Another data point reveals an even larger trend away from strict monogamy. According to a YouGov study, 34% of Americans report that they prefer something other than complete monogamy in their relationships.
That doesn’t mean all of them want multiple legal spouses, but it does show that a sizable portion of the population is interested in exploring alternatives to traditional marriage models, such as open relationships, polyamory, or cohabitation with multiple partners. These preferences may not involve formal legal marriage, but they often challenge the assumptions that shape existing laws.
Divorce Rates Reflect Broader Relationship Trends
In California, the divorce rate in 2023 stood at 7.45%, meaning 75 out of 1,000 people in the state got divorced that year. High divorce rates have historically prompted people to reconsider long-standing ideas about marriage, and this has led to increased flexibility when it comes to defining what is a morally acceptable relationship structure. The rise in divorce could be tied to the wider acceptance of polygamous relationships.
While polygamy remains illegal, California does not criminalize consensual polyamorous relationships as long as they don’t involve multiple legal marriages. People can cohabitate in group relationships, form domestic partnerships, or use legal tools like power of attorney or joint ownership agreements to protect their rights.
Parenting agreements and estate planning can also help define responsibilities within poly households. Staying within legal bounds means avoiding formalized second marriages and instead building private arrangements that reflect mutual consent.
FAQs
What Is the Punishment for Polygamy in California?
Polygamy is a criminal offense in California under Penal Code 281. Anyone who knowingly enters into more than one legal marriage at the same time may face misdemeanor charges. The penalty can include up to one year in jail and a fine. The law applies regardless of whether the additional marriages occurred in or outside of California.
Is Cheating Illegal in a Marriage in California?
No. Cheating is not a crime in California, and there is no direct legal penalty for it. California is a no-fault divorce state, so adultery does not need to be proven to file for divorce. However, if one spouse used shared assets to support an affair, such as buying gifts, paying for travel, or housing, the court may consider that when dividing property. Cheating does not typically affect custody or support unless it directly impacts the well-being of the children.
Is Polygamy Legal in Any State?
No U.S. state legally recognizes or permits multiple simultaneous marriages. However, Utah decriminalized polygamy in 2020, reducing it from a felony to an infraction when no additional crimes are involved. This change only applies to consenting adults and does not legalize multiple marriages. Other states, including California, continue to treat polygamy as a criminal offense.
Where Is Polygamy Legal Near California?
Polygamy is not legally recognized in any state neighboring California. Nevada, Arizona, and Oregon all prohibit multiple simultaneous marriages under their respective laws. While Utah has lowered the criminal penalties for polygamy, the practice remains illegal. No state near California allows individuals to hold more than one legal marriage license at a time. The practice is a crime in California that is punishable by jail time and heavy fines.
Are Polyamorous Relationships Legal in California?
Yes, polyamorous relationships are legal in California as long as they do not involve multiple legal marriages. Consensual romantic relationships between more than two adults are not regulated or penalized by law. While these relationships are not formally recognized by the state, local jurisdictions such as Oakland and Berkeley have taken steps to protect them from discrimination.
Schedule Your Family Law Consultation Today
While polygamy is not legally recognized in California, people in nontraditional relationships still have options for protecting their rights and planning for the future. Understanding the limits of state law can help you make informed choices about your personal and legal life. If you are going through a divorce, for example, you are required by law to wait until your divorce is finalized to remarry. Doing otherwise could be a crime.
If you have questions about marriage laws or need help navigating your situation, the team at Quinn & Dworakowski, LLP is here to help. Our team of career family law attorneys is here to help you navigate the complexities of California’s family courts. Schedule a consultation today to get trusted legal support tailored to your needs.
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