Tennessee § 36-4-128 - Remarriage after spouse's two-year absence — Effect of spouse's return.
Full text of Tennessee Tennessee Code Annotated § 36-4-128 — Remarriage after spouse's two-year absence — Effect of spouse's return., with citation guidance and answers to common questions.
§ 36-4-128. Remarriage after spouse's two-year absence — Effect of spouse's return.
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. Such bill or petition shall be filed within one (1) year after the return. Code 1858, § 2461 (deriv. Acts 1835-1836, ch. 26, § 8); Shan., § 4214; Code 1932, § 8439; T.C.A. (orig. ed.), § 36-833. Cross-References. Bigamy, § 39-15-301 . Remarriage after absence of five years, § 36-3-102 . Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 516. Law Reviews. Use of Presumptions in Proving the Existence of Marriage Relationships in Tennessee (Richard T. Doughtie), 5 Mem. St. U.L. Rev. 409 (1975).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 36-4-128
What does Tennessee Code Annotated § 36-4-128 cover?
Section 36-4-128 ("Remarriage after spouse's two-year absence — Effect of spouse's return.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 36-4-128?
A common citation format is "Tennessee Code Annotated § 36-4-128" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 36-4-128 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.