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Void Second Marriage

Publish Date: 05/20/2024

How Does Bigamy Affect Divorce?

Where a person marries a second person before the first marriage has been dissolved through divorce, Georgia law considers the second marriage void. The law takes a firm stance on this matter, emphasizing the sanctity of marriage and the procedural importance of divorce.

Under Georgia law, a second marriage is deemed void if one of the parties enters into a second marriage before finalizing a divorce from their previous spouse. This means that legally, the second marriage never truly existed, leaving the parties in a legal position to seek an annulment. However, as with many legal matters, there are exceptions.

Children of the Marriage Exception

One such exception lies in the welfare and best interests of any children born from the second, void marriage. The state recognizes the importance of providing legal clarity and stability for children, even in situations where the marriage itself is deemed invalid. Therefore, if children were born from the second marriage, the appropriate course of action would be to seek a divorce to dissolve the union.

The rationale behind this approach is clear: children should not bear the burden of their parents' legal missteps. By granting a divorce, the state can ensure that the rights and responsibilities of both parents are clearly defined, providing a foundation for the child's upbringing and future welfare.

While the legal technicalities may seem daunting, the overarching principle remains steadfast: the protection and well-being of children take precedence. Georgia's approach to void marriages underscores this commitment, balancing the need for legal clarity with the imperative of safeguarding the interests of those most vulnerable.

In essence, while a second marriage entered into before finalizing a divorce in the first marriage may be considered void under Georgia law, the welfare of any children born from that union warrants the dissolution of the marriage through appropriate legal channels. This ensures that the rights and responsibilities of all parties involved are appropriately addressed, laying the groundwork for a more stable and secure future.

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Family Law (general)
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