Legal Question in Family Law in Illinois

Re: Two wives want to divorce first wife

The first question is why did you marry when you were already married? Under 750 ILCS 5/212 marrying prior to the divorce of a previous marriage is prohibited. Additionally, under 750 ILCS 5/215 a violation of this law can be a class B misdemeanor.

I am amazed that you were allowed to marry while still being married to your first wife. Was your marriage to your second wife performed in another state?

There is actually a glimmer of hope for you. Under 750 ILCS 5/212 (5)(b) if you obtain a divorce from your first wife and then continue to cohabitate with your "second wife" you would be considered to be lawfully married.

If your first wife refuses to sign the divorce papers, then it sounds like a constested divorce. You will have to go to court to have a judge order the divorce and prove that you have been living apart for over 2 years and that irreconcilable differences have caused an irretrievable breakdown of the marriage with no hope of reconciliation. Some of this process can be acclerated depending on how agreeable your first wife is willing to be.

Yous hould talk to an attorney regarding this matter.

Very truly yours,

Thaddeus J. Hunt

Disclosure: The information provided herein is for informational purposes only and should not be construed as legal advice. Nothing herein should be construed as creating an attorney-client relationship.