A Georgia divorce decree cannot forbid you to marry again, and it cannot forbid your former spouse to marry again either.
What the Statute Says
OCGA 19-5-17 provides that when a divorce is granted, “the jury or the judge, as the case may be, shall determine the rights of the parties,” and that “[n]o person shall be placed under a disability that would prevent remarriage.”
The two halves of that sentence work together. The court decides everything the divorce actually puts in issue – custody, support, alimony, the division of property. Remarriage is not one of those things. It is off the table for both parties, whatever the grounds were and whichever spouse the divorce was granted to.
The Decree Says It Too
You do not have to go looking for the rule, because the form of the final judgment set out in OCGA 19-5-12(a) states it in the decree itself. The parties “shall be held and considered as separate and distinct individuals altogether unconnected by any nuptial union or civil contract whatsoever and both shall have the right to remarry.”
When That Right Begins
Not at separation, and not when the case is filed. Under OCGA 19-5-15, a total divorce annuls the marriage “from the time of the rendition of the decree.” Until the judge signs and the decree is entered, you are married, and marrying someone else in the meantime creates problems the divorce decree will not solve for you.
What a Court Can Still Do
Plenty. Nothing in OCGA 19-5-17 limits a judge’s power to order alimony, divide property, or set the terms of custody and parenting time. Those obligations follow you into a second marriage. What the decree cannot do is condition your freedom to enter one.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!