Tag Archives: invalid marriage

IL divorce lawyerFew things in life are as shocking, upsetting, and heart-wrenching as discovering that your husband has another wife or entire family. In either case, not only do you have grounds for divorce, but you also may be in a position to sue for civil damages, recover a substantially larger portion of the marital property, or even press criminal charges against the bigamist.

What Is Bigamy?

Bigamy, also referred to as polygamy, is the act of marrying another person while already married to someone else. It is illegal in Illinois and is punishable as a Class 4 felony. Unfortunately, 17 percent of Americans now believe that bigamy is morally acceptable—10 percent higher than in 2001 when Gallup began keeping track of this data. While many Americans have warmed to the idea that bigamy is okay for society, the facts show otherwise. Bigamy has negative consequences for children, society at large, and the wives of the bigamist. Bigamy is almost always committed by men.

Is My Marriage Even Valid?

If you found out that your husband has another wife, the first step is to determine which marriage came first, because the second marriage is illegitimate. As such, divorce is not necessary. Issues such as child custody and child support will need to be settled in the courts by a family law attorney, however. Furthermore, division of assets and alimony are not treated the same because the marriage never existed. The victimized spouse, in this case, can pursue compensation in a civil lawsuit.

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your marriage, DuPage County family law attorney, foreign marriage, Illinois family law attorney, invalid marriage, marriage, marriage in India, valid marriageAre Marriages Performed in the County of India Valid in Illinois?

My wife and I were married in India. I am is a U.S. citizen but my wife never left India. Is my marriage legal in Illinois?

Illinois does recognize a foreign marriage. In general, unless the marriage breaks U.S. state laws, marriages which are legally performed and valid abroad are also legally valid in the United States. However, inquiries regarding the validity of a marriage abroad should be directed to the attorney general of the state in the United States where the parties to the marriage live. See: Marriage Abroad.

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court proceedings, division of property, Illinois family law attorney, Illinois law, Illinois statute, invalid marriage, postnuptial agreements, prenup, prenuptial agreements, Spousal Support, unconscionable agreementPrenuptial agreements are contracts that set out a plan for the division of property and assets if a couple decides to divorce. Illinois law requires prenuptial agreements to be in writing and signed by both parties. The agreements go into effect once a couple gets married.

Prenups are not iron clad, and they can be contested. Under Illinois law, prenups cannot contain provisions that adversely affect the right of a child to receive child support, violate public policy, or violate a criminal statute. Any of these prenup provisions will be unenforceable, but will not necessarily make the whole agreement invalid. A court can choose to strike only the invalid provisions, and enforce the rest of the agreement.

Prenuptial Agreement Enforcement

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