Legal Question in Family Law in Illinois

Illegally married

If my spouse was still married when we were married, is our marriage legally binding even if they got a divorce at a later date?


Asked on 8/19/05, 2:04 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: Illegally married

Hello. If you do not have children, a court might lean toward declaring your marriage null

and void, because bigomy is against the law in

Illinois. On the other hand, if you have children, a court with jurisdiction to hear this

issue at all, might decide that the marriage

should be preserved since it is in the "best

interest" of the children to preserve the status

quo. However, looking at the issue from a purely

legal point of view, a court would declare your

marriage void. Now, here is the big question,

who is likely to raise this issue as long as

your marriage is happy and strong? It might come

up later with regard to inheritance issues. I

will be happy to answer any additional questions

that you might have.

Read more
Answered on 8/19/05, 11:10 pm


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