If one spouse was already married to someone else, that is not a ground for divorce in Georgia. It is a reason the marriage never existed.
The Rule
Lovett v. Zeigler, 224 Ga. 144 (1968), states it in a single line: “The previous undissolved marriage of one of the parties is not a ground for divorce in this State, and a judgment and decree of divorce based on such ground is void.”
The reason is that there was nothing to dissolve. As the Georgia Supreme Court put it, “[a] previous undissolved marriage renders void an attempted second marriage.”
What Happened in Lovett
The parties went through a marriage ceremony in 1937. At the time, the wife had a living husband from an earlier marriage that had never been dissolved.
Years later the husband filed a petition in two counts on identical allegations. Count one sought an annulment. Count two sought a divorce. The trial court granted him a divorce.
The Georgia Supreme Court reversed. Because the pleadings showed on their face that the ceremonial marriage “was void in its inception and that the marriage has been continuously void,” no valid ground for divorce could ever have been shown, and the decree had to be set aside.
Why This Matters to You
A void decree does not protect anyone. If a Georgia court grants a divorce on a ground the law does not recognize, that judgment can be attacked later, and the parties may discover they are not divorced because they were never married.
When a prior marriage is the problem, annulment is the remedy that fits.
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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!