“Bigamy Among the Witherspoons” may be a great title for a fictional novel, but actress Reese Witherspoon is experiencing this in real life – between her parents. And bigamy is a crime if committed knowingly.
Betty Witherspoon Alleges Tennessee Bigamy.
Reese Witherspoon’s mother Betty has been estranged from husband John Draper Witherspoon since 1996. Apparently, the couple’s break-up stemmed from John’s alcohol abuse and hoarding, which can become a compulsive disorder. However, Betty and John were never divorced.
In a January 14, 2012, Tennessee wedding ceremony, 70-year-old John married Tricianne Taylor (age 60). That, in and of itself, may be proof of bigamy. But there is a question about John’s mental capacity.
In Mary Elizabeth Witherspoon’s complaint to have the marriage between John and Tricianne annulled, or voided, her supporting affidavit states that when she confronted John about his recent wedding, he told her he didn’t know who Tricianne was and had no recollection of marrying her – a strange response, unless true.
Betty is concerned that John has dementia – she fears for his safety, for the security of their marital assets, and for the safety of her children and grandchildren. (Apparently, Tricianne lives in Reese’s Nashville condo and allegedly persuaded John to change his Last Will and Testament.) If John did indeed lack the requisite mental capacity to marry Tricianne, then it is unlikely he would be charged with a bigamy crime. The January marriage would, in either case, be annulled. Betty also asked that the Court have Tricianne disgorge any personal property she acquired through John since their 2012 wedding.
Adult Bigamy in Arizona.
In Arizona, any adult who knowingly marries another person’s spouse is guilty of a Class 5 felony. A.R.S. § 13-3607. There is the Cast Away exception: if the first spouse has been absent or missing for five consecutive years without contact and is believed to be deceased, then there is no bigamy in knowingly marrying the “single” spouse. A.R.S. § 13-3606(B).
Child Bigamy in Arizona.
We seldom discuss criminal “child bigamy,” but it is a Class 3 felony in Arizona. There are several ways a person 18 years of age or older may commit child bigamy:
● A married adult marries a minor child;
● An adult marries a married child;
● An adult facilitates the marriage of a child to another adult who already has a spouse;
● An adult facilitates the marriage of a married child to an adult who is not married.
Facilitating child bigamy would include controlling, directing, or causing the bigamous marriage, or transporting or financing that marriage. A.R.S. § 13-3609(A).
In the Witherspoon case of adult bigamy, if John lacked the mental capacity necessary to marry or is suffering from dementia or Alzheimer’s, then he’s unlikely to have “knowingly” entered into a bigamous marriage with Tricianne. The new wife, however, may be in serious trouble if she deliberately manipulated a vulnerable adult for her financial benefit.
Arizona Divorce Resource:
Reese Witherspoon’s Parents at Odds Over Dad’s Alleged Bigamy
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