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.