AMERICAN MUTUAL LIABILITY INSURANCE COMPANY v. Copeland

Pannell, Judge.

1. The burden is upon him who attacks the validity of a marriage to show that it is invalid, by clear, distinct, positive and satisfactory proof. See Bituminous Cas. Corp. v. Harris, 68 Ga. App. 889, 891 (2) (24 SE2d 803); Brown v. Parks, 173 Ga. 228 (1) (160 SE 238); Norman v. Goode, 113 Ga. 121 (38 SE 317). “Where a party to a ceremonial marriage has been previously married and the validity of the second marriage is challenged, a presumption arises that the second marriage is valid until evidence is adduced that the spouse of the first marriage is living, and only then does…