TITLE 32

DOMESTIC RELATIONS

CHAPTER 2

MARRIAGE — NATURE AND VALIDITY OF MARRIAGE CONTRACT

32-207.  Polygamous marriages. A subsequent marriage contracted by any person during the life of a former husband or wife of such person, with any person other than such former husband or wife, is illegal and void from the beginning unless:

1.  The former marriage of either party has been annulled or dissolved; or,

2.  Such former husband or wife was absent and not known to such person to be living for the space of five (5) successive years immediately preceding, or was generally reputed, and was believed by such person, to be dead at the time such subsequent marriage was contracted. In either of which cases the subsequent marriage is valid until its nullity is adjudged by a competent tribunal.

History:

[(32-207) 1876, p. 24, sec. 6; R.S., sec. 2426; am. 1903, p. 10, sec. 1; reen. R.C. & C.L., sec. 2617; C.S., sec. 4597; I.C.A., sec. 31-207; am. 1943, ch. 25, sec. 1, p. 53.]