Section 36-4-128 - Remarriage after spouse's two-year absence - Effect of spouse's return

(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.Code 1858, § 2461 (deriv. Acts 1835-1836, ch. 26, § 8); Shan., §4214; Code 1932, § 8439; T.C.A. (orig. ed.), § 36-833.