Check to see if there is any record of the divorce.
Here are some statutes re bigamy in Georgia.
16-6-19. Adultery.
A married person commits the offense of adultery when he voluntarily has sexual intercourse with a person other than his spouse and, upon conviction thereof, shall be punished as for a misdemeanor.
16-6-20. Bigamy.
(a) A person commits the offense of bigamy when he, being married and knowing that his lawful spouse is living, marries another person or carries on a bigamous cohabitation with another person.
(b) It shall be an affirmative defense that the prior spouse has been continually absent for a period of seven years, during which time the accused did not know the prior spouse to be alive, or that the accused reasonably believed he was eligible to remarry.
(c) A person convicted of the offense of bigamy shall be punished by imprisonment for not less than one nor more than ten years.
16-6-21. Marrying a bigamist.
(a) An unmarried man or woman commits the offense of marrying a bigamist when he marries a person whom he knows to be the wife or husband of another.
(b) It shall be an affirmative defense that the prior spouse of the bigamist has been continually absent for a period of seven years, during which time the accused did not know the prior spouse of the bigamist to be alive, or that the accused reasonably believed the bigamist was eligible to remarry.
(c) A person convicted of the offense of marrying a bigamist shall be punished by imprisonment for not less than one nor more than ten years.
17-10-3. Punishment for misdemeanors generally.
Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished either:
1. By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both; or
2. By confinement under the jurisdiction of the Board of Corrections in a state or county correctional institution or such other institution as the Department of Corrections may direct, for a determinate term of months which shall be more than six months but shall not exceed a total term of 12 months.
Either the punishment provided by paragraph (1) or (2), but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation, but the punishment provided in paragraph (2) shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections.
Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed between the ages of 16 and 18 years old, shall be punished by a fine not to exceed $1,000.00 or confined exclusively under the jurisdiction of the Board of Corrections for a period not to exceed 12 months.
In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end at the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:
* Reexamination by the Department of Public Safety when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;
* Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court;
* Within the limits of authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment under such conditions and at such times as may be specified; or
* Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge.
Any sentence imposed under the above section shall be reported to the Department of Public Safety as prescribed by law.
17-10-4. Punishment for misdemeanors of a high and aggravated nature.
A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence under this Code section be modified in such a manner as to place a county inmate under the jurisdiction of the Board of Corrections.
Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature shall be entitled to only four days per month earned time allowance.
The contents of this page are taken without permission from the Official Code of Georgia 1992 Edition, Title 16. Copyright 1926 through 1930, 1982, 1984, 1988, 1992 by the State of Georgia.
