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

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.