Legal Question in Family Law in Illinois

Can I file a document (or piece of paper - like the annulment process) in the court system without going through an expensive divorce? I just found out that my wife is filing for a divorce to another man in another state and we're still legally married.

I would think that I should be entitled to an automatic-divorce by filing a simple piece of paper, since my wife breached our marriage contract by marrying someone else.

If there is not a simple form that I can file with the state to terminate our marriage, what is the cheapest way for me to divorce her?

Do I have to go through the entire divorce situation?

We were married in 2007 and now I am seeking the most inexpensive way to divorce her?

I figured that since she committed a federal offense (Bigamy), it should be a walk in the park for me to get divorced from this witch...

Please advise,

Fran


Asked on 10/24/11, 3:14 pm

3 Answers from Attorneys
David Gotzh Law Office of David Gotzh

If your wife was already married before marrying you, then you were never LEGALLY married and thus, no divorce is necessary. If it's the other way around, then only your marriage is valid and you have your pick of "grounds" to choose from.

BTW, federal law has no impact on divorce actions because they are handled exclusively in state court.

Read more
Answered on 10/24/11, 3:25 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I suggest that you visit the help desk on the 30th floor of the Daley Center. Perhaps they can help you with "filing a simple paper." Be warned though that under Illinois law, your "wife" is still entitled to an equitable division of property and the custody of any children and their support would still have to be decided in our courts. An annulment is not nearly as easy as you suggest.

Read more
Answered on 10/24/11, 3:25 pm
Jonathan Shimberg Shimberg and Crohn, P.C.

1 - I doubt that bigamy is a federal crime

2 - her second marriage is invalid.

3 - who knows what grounds she may have against you.

4 - fault is not relevant in the division of marital property, so even if she has committed adultery she is still entitled to a portion of the marital property

Read more
Answered on 10/24/11, 5:22 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois