TCA 36-3-102
Second marriage before dissolution of first prohibited – Effect of absence for five years
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What does this charge mean?
You cannot legally get married if you are already married to someone else. However, if one spouse has been missing for five years and is not known to be alive, the first marriage is considered dissolved (ended) and the other person can remarry.
Penalty Details
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Penalty SummaryClassification not specified
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.
View on official sourceLast verified: Feb 25, 2026
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TCA Section36-3-102