Full question:
I live in Tennessee. My husband is missing for 4 years. What will be the legal consequences if he returns after I marry someone?
- Category: Marriage
- Date:
- State: Tennessee
Answer:
In Tennessee, if the wife remarries after her husband is missing for two years and the husband returns, the husband within one year after return can either file a petition for restoration of conjugal rights or a petition for dissolution of the marriage in the court. It will be the discretion of the court to decide which marriage shall stand. It is envisaged in Tenn. Code Ann. § 36-4-128 which reads as: “(a) If, upon a false rumor, apparently well founded, of the death of one (1) of the parties, who has been absent two (2) whole years, the other party marries again, the party remaining single may, upon returning, insist upon a restoration of conjugal rights or upon a dissolution of the marriage, and the court shall decree accordingly, to wit: that the first marriage shall stand and the second be dissolved, or vice versa.
(b) Such bill or petition shall be filed within one (1) year after the return.”
(b) Such bill or petition shall be filed within one (1) year after the return.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
