Is my marriage valid?

[jax1457]

My jurisdiction is: Indiana

I was married in Illinois in 2004. I recently found my husband's tax returns from from 1997-2000 that say he was married before. When we were married, he told the clerk at the courthoue he had never been married so he didn't have to produce divorce decree. There is no divorce decree in Indiana or Illinois where the 1st wife lives. Is my marriage valid? If this marriage is void, how do I prove it for purposes of the IRS, drivers license, social security?

 

[dee_dub]

There is no legal marriage. In Illinois, someone who is already married cannot marry again. When you got married in Illinois and your husband was already married, and you commenced cohabiting with your husband, you became what's called a putative spouse. You can get the marriage annulled at any time. (You may be interested to know that a putative spouse has the same rights as a legal spouse, including the right to support after termination of the putative marriage. Once you become aware of the flaw in the marriage, you cease to be a putative spouse and do not acquire further spousal rights.)

As far as proving it to the powers that be, I would guess that supplying them with his previous tax return declaring he was married, and a search of the Illinois and Indiana registries that indicates he was not named in a divorce decree, would do the trick.

 

[jacksgal]

Have you discussed this with him? If not that should be first and he might be able to show proof marriage was disolved

 

[jax1457]

Have you discussed this with him? If not that should be first and he might be able to show proof marriage was disolved

He maintains he has never been married

 

[dee_dub]

How does he explain the tax returns?

 

[lwpat]

Call her and ask.