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Guru_Guy, Family Law Attorney
Category: Family Law
Satisfied Customers: 2418
Experience:  Experienced advisor in all aspects of family law (divorce, custody, support, etc.).
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I marriage a guy thinking that he was divorce, but the final

Customer Question

I marriage a guy thinking that he was divorce, but the final divorce paper came 3 days after we got marry and he apply for his residency on the day that his divorce become final.
Submitted: 8 years ago.
Category: Family Law
Expert:  Guru_Guy replied 8 years ago.


The key date for you is the date his marriage was granted, not the date he received the papers. If, however, the divorce date is after your marriage date, you have a problem.

If you marry a person who is still married to someone else, your marriage is void and you are not married. However, under Illinois law, a person who participates in a marriage ceremony and then cohabits with that person in the good faith that they are married is considered a putative spouse until they determine the marriage was not in fact valid. This would give you some rights, but if you have determined that your spouse was not yet divorced on your wedding date, you are not really married. You would need to get married again to be married legally.

I hope this helps!


Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.