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?
1 Answer from Attorneys
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.