Utilities of Augusta, Inc. v. Jackson

Deen, Judge.

1. "One who has a prior undissolved marriage does not have the legal capacity to contract marriage, and living together with another as husband and wife will not establish a common law marriage of the parties when such an undissolved marriage exists.” Kicklighter v. Kicklighter, 217 Ga. 54 (3) (121 SE2d 122). "If a cohabitation between a man and a woman is shown to have been illicit in its inception, in the absence of proof to the contrary, the illicit relation will be presumed to have continued throughout the period of cohabitation.” Drawdy v. Hesters, 130 Ga. 161 (4-6) (60 SE…