Are you legal married to another person if you married before, but said you weren’t because you never received any divorce papers first wfe?

Want to receive new marriage license to remarry, but never received divorce papers from former spouse. Are you legal married to new spouse. Ask had you married before, said no to obtain new licenses to remarry.

Asked on June 28, 2009 under Family Law, Georgia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Georgia attorney, but as far as I know, every state makes a marriage such as yours absolutely void, as if it never happened.  If you are not legally divorced from your first wife, you are not legally able to marry anyone else, and your new marriage license was obtained by fraud.  My research also suggests that if you were not actually ever divorced, by getting married again while knowing that you were not single makes you guilty of bigamy under Georgia law, which is punishable by one to ten years in jail under Georgia Code (1992) section 16-6-20.

I would very strongly suggest that you talk to a local attorney about your situation, as soon as possible, so that you can get reliable advice about what to do next, based on the detailed and unique facts of your case.


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