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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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hi,very upset.just found out my husbands divorce was not final

Resolved Question:

hi,very upset.just found out my husbands divorce was not final until 4days after we were married.ARE WE MARRIED. please help
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear that. legally speaking, no, you are not married at this point, if either of you were still legally married at the time of your marriage to each other.(750 ILCS 5/212) (from Ch. 40, par. 212)
Sec. 212. Prohibited Marriages.
(a) The following marriages are prohibited:
(1) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(2) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood or by adoption;
(3) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;
(4) a marriage between cousins of the first degree; however, a marriage between first cousins is not prohibited if:
(i) both parties are 50 years of age or older; or
(ii) either party, at the time of application for a marriage license, presents for filing with the county clerk of the county in which the marriage is to be solemnized, a certificate signed by a licensed physician stating that the party to the proposed marriage is permanently and irreversibly sterile;
(5) a marriage between 2 individuals of the same sex.
(b) Parties to a marriage prohibited under subsection (a) of this Section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.
(c) Children born or adopted of a prohibited or common law marriage are the lawful children of the parties.

ScottyMacEsq :

what this means, is that prohibited marriages are void ab initio (from the beginning). They do not become valid if the reason that they were void ceases.

ScottyMacEsq :

Now IF you COHABIT after, then you are married.

ScottyMacEsq :

That is, there is an additional condition that has to be satisfied. (my apologies for not making that clear, in that you would not be married IF you did not cohabit after his divorce was final, but if you did, then you would be).

ScottyMacEsq :

The "condition" that is mentioned in 212(b) means that once the divorce in the first marriage is finalized, that "impediment" is removed and you would be lawfully married assuming that there is cohabitation after the first divorce.

ScottyMacEsq :

So while the condition of double marriage means the marriage is void from the beginning, the removal of that condition ALONG WITH the additional requirement of cohabitation would mean that you would be married under Illinois law.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate ithim a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11201
Experience: Licensed Texas General Practice Attorney
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