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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.