The Validity of Your Marriage in India: What You Should Know

 Posted on July 17, 2014 in Family Law

Are 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.

However, Illinois does prohibit certain marriages. Prohibited marriages in Illinois include the following:

• Marriages between first cousins and bigamous marriages are prohibited, as under 750 ILCS 5/512 Prohibited Marriages. Those marriages that are prohibited under our marriage act would not be recognized despite being performed legally in India or another country;

• Marriages to couples who are underage would also not be valid in Illinois. (See 750 ILCS 5/512 Prohibited Marriages); and

• Illinois does not recognize common-law marriage when the common-law marriage took place in Illinois. But, Illinois does recognize such a marriage when the common-law marriage took place in another state which allows common-law marriages. (See 750 ILCS 5/512 Prohibited Marriages).

Consult an Experienced DuPage County Family Law Attorney

If you were recently married and are now questioning the validity of your marriage, or you would like to discuss a post nuptial agreement, please contact our experienced DuPage County family law attorneys of Martoccio & Martoccio today. We assist clients throughout the Chicagoland area including DuPage, Cook, Kane, Kendall, and Will Counties. Call 630-920-8855 to schedule a free consultation.