Hey everyone, yes really late in getting this out. Amazing how grad school can get in the way of stuff like this. Thankfully I've got a little time until things start up again so I'm hoping to get a few of these out before then. We'll see though.
- Jason
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Non-Monogamy and
the Law
Review of
Arkansas
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Simple Bigamy
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No Adultery
|
No Fornication
|
|
State
Category: Friendly
|
||
Bigamy Issue and
Rule:
This is an assessment of the legal
liability that non-monogamous families encounter through Arkansas’ bigamy law.
The primary rule governing bigamy in Arkansas is code 5-26-2011, with codes
5-4-2012 and 5-4-4015 governing
punishment.
Analysis:
Arkansas bigamy law does not contain
a purportation or cohabitation clause, and as such is only applicable to actual
bigamous marriages, not the appearance of such. In proving the existence of a
marriage, official documentation is not required. Testimony of witnesses to the
marriage are allowed3,
4.
Punishment for bigamy is as a class
A misdemeanor1, and is liable for
up to one year imprisonment5, and a fine up to
$2,5002.
Arkansas Summary:
As Alabama has no adultery or
fornication law, and since bigamy has no purportation or cohabitation clause,
the only concern for non-monogamous families is in the form of an actual bigamous
marriage. As such all forms of non-monogamy are free from liability under these
laws provided there isn’t a bigamous marriage.
Ranking
Rational:
The absence of adultery and
fornication laws makes those two easy to rank. For Bigamy, though official
documentation of marriage isn’t necessary to establish a marriage, a marriage must
have been taken place. Because of this bigamy still gets the ‘simple’ ranking.
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