Legal Question in Family Law in Illinois

I would like to know if I am married. My husband and I filed for a marriage liscense in Cape Girardeau County, MO, but got married in Mississipi. The pastor we wanted to perform the wedding couldn't make it to Cape Girardeau, so we went to him. He put on the marriage certificate that we were married in Cape Girardeau, MO. We brought it back and filed it in Cape Girardeau. I am currently separated from my husband (a little over 3 years) and would like to get a divorce if I am considered married. If our marriage is not valid, I would like to know before incurring the cost of trying to get a divorce from a marriage that is not valid.


Asked on 8/12/11, 12:38 am

2 Answers from Attorneys

David Gotzh Law Office of David Gotzh

You'll have to contact the department of vital records in the state you were married in. Or if you have a copy of your marriage license, that's usually "good enough." Keep in mind that we have a provision in Illinois for punitive marriages, allowing you access to property division, et. al., even if you weren't technically married.

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Answered on 8/12/11, 3:48 am
Jonathan Shimberg Shimberg and Crohn, P.C.

First of all you need a Missouri lawyer, not an IL lawyer. The law may be different in Missouri. IL law has a case which indicates a license may not be necessary to be married. But talk to an IL lawyer.

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Answered on 8/12/11, 4:26 am


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