Second marriage before dissolution of first prohibited - Effect of absence for five years

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TN Code › Title 36 › Chapter 3 › Section 36-3-102

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

A second marriage cannot be contracted before the dissolution of the first. But the first shall be regarded as dissolved, for this purpose, if either party has been absent five (5) years, and is not known to the other to be living. Code 1858, § 2438 (deriv. Acts 1829, ch. 23, § 16); Shan., § 4188; Code 1932, § 8411; T.C.A. (orig. ed.), § 36-404.

A second marriage cannot be contracted before the dissolution of the first. But the first shall be regarded as dissolved, for this purpose, if either party has been absent five (5) years, and is not known to the other to be living.

Code 1858, § 2438 (deriv. Acts 1829, ch. 23, § 16); Shan., § 4188; Code 1932, § 8411; T.C.A. (orig. ed.), § 36-404.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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Second marriage before dissolution of first prohibited - Effect of absence for five years · Tenn. Code Ann. § 36-3-102 | Frix