Prohibited Marriages in Illinois

 Posted on January 29, 2024 in Divorce

Blog ImageWhile America is certainly the land of the free and the home of the brave, there are laws that citizens need to abide by for the greater good. There are laws prohibiting you from driving faster than certain speeds, from ingesting certain chemicals that could be dangerous, and from stealing, among others. There are other laws in place to protect you, for example, laws ensuring that businesses treat you fairly, that food meets certain standards of health and safety, and that you are not discriminated against based on parts of your identity. One area of law that you may be less familiar with is the laws prohibiting certain types of relationships. Marriages that are between two people in a prohibited relationship can be annulled without needing to go through the process of divorce If you have questions concerning a relationship you are not sure is legal, a Kane County, IL, annulment lawyer can advise you.

What Marriages are Prohibited in Illinois?

There are three main categories of prohibited marriages in the State of Illinois. People who do marry someone considered “prohibited” to them will not be recognized as legally married. They can request a declaration of invalidity of the marriage. Since the marriage was prohibited in the first place, it can be annulled officially by the court.

The three types of relationships that are prohibited and not recognized by the State of Illinois are:

  • Common law marriages. When people live together and present themselves to the outside world as a married couple for all intents and purposes, but never “solemnized” the marriage by someone authorized by the state to do so or got a marriage license, this is considered a common law marriage and is not recognized in the State of Illinois.

  • Incest. Other than certain cousins, relations between close relatives (with one’s parents, children, siblings, aunts, uncles, grandparents, or grandchildren) are considered incest and illegal in the State of Illinois.

  • Bigamy. You are only legally permitted to be married to one person at any given time. If you are legally married to someone and you consider yourselves separated, you cannot marry someone else until you are legally divorced.

Schedule a Free Consultation with a St. Charles, IL, Divorce Attorney

If you have questions about the legality of a relationship, a knowledgeable Kane County, IL, divorce lawyer can answer them. Call Goostree Law Group at 630-584-4800 for a free consultation.

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