Yes. Georgia recognizes a claim for money damages against a person who tricks someone into a marriage.
The Claim
In Morgan v. Morgan, 193 Ga. App. 302 (1989), the Court of Appeals held that “one who is induced to enter into a marital relationship under false pretenses has a common law tort action for fraud and may recover damages.”
The wife in that case sued to annul her marriage and to recover for fraudulent inducement, having learned that her husband was married to someone else when he proposed. The trial court annulled the marriage and awarded her $30,000 in compensatory damages, $90,000 in punitive damages, and $5,000 in attorney fees. The Court of Appeals let the judgment stand.
Being Married Is Not a Defense
Georgia ordinarily bars spouses from suing each other in tort under OCGA 19-3-8. That defense failed in Morgan because the husband “was already married to someone else at the time he proposed to and married appellee, and thus there was no valid marriage to protect.”
You Did Not Have to Investigate
Defendants in these cases usually argue the victim should have checked. In Morgan, the court answered that “a party must exercise reasonable diligence to protect himself against the fraud of another,” but “is not bound to exhaust all means at his command to ascertain the truth before relying upon the representations.” The suggestion that someone planning to marry should search courthouse records was called “wholly without merit.”
The Damages Are Real
For example, in Field v. Massey, 232 Ga. App. 524 (1998), a jury awarded a woman $150,000 against a physician who repeatedly told her they were already married when they were not. The Court of Appeals affirmed.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!