When a Georgia marriage turns out to be void, the law asks one sorting question: is this claim for the children, or for the spouse?
Neither Spouse Gets Rights From a Void Marriage
The starting point is old and unforgiving. “Historically, neither spouse was entitled to claim rights under a marriage contract that was void from its inception due to a living spouse from a previous marriage.” Wright v. Hall, 292 Ga. 457 (2013).
The Children Exception Is Only for the Children
Georgia softened that rule for children, but only for them. In Wright, the wife had married in 1986 and never divorced. She married Wright in 1997; they divorced in 2000 with a small alimony award to her. Years later, after her parental rights were terminated and the child adopted by someone else, she sued for back alimony.
The Supreme Court of Georgia reversed. Georgia’s statutes “make an otherwise void marriage valid for purposes of protecting the children of the marriage, but not for the purpose of protecting spousal interests unrelated to the child’s interests.” Because she sought spousal support “unrelated to the child’s protection or interests,” she could not have it.
A Divorce Decree Can Be Set Aside
Wright also shows the remedy. If there was never a valid marriage, there was nothing to dissolve, and the trial court should have granted the husband’s motion to set aside the decree. The timing rules for such a motion are strict; in Wright the wife lost that defense only by failing to raise it.
A Void Second Marriage Can Still End Alimony
The rule cuts both ways. Where a decree provides alimony until the wife remarries, her later ceremonial marriage ends the payments even though that second marriage was void because the man had a living spouse. Beebe v. Beebe, 227 Ga. 248 (1971).
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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!