He wants a declaration to invalidate the marriage from inception, is it possible?
Asked in Chicago, IL on August 13, 2026 Last answered on October 1, 2026A Finnish citizen married a Indian woman in 2002. She married a U.S. citizen in 2008 without disclosing her first marriage, and they had children. The U.S. husband discovered the prior marriage and filed invalidation of marriage in 2026. She reported her Finish divorce in 2018 during the case discovery, which may validate her second marriage as per IL law after 2018. The husband was never aware of her prior marriage and divorce, and married her and lived together in a good faith. He wants a declaration to invalidate the marriage from inception, is it possible?
3 answers
Free Consultation In Illinois the answer 99% of the time is NO
Free Consultation In Illinois, if the divorce for the first marriage happened while the parties to the 2nd marriage are living together, the 2nd marriage automatically becomes valid on the date of the 1st marriage's divorce.
“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.” 750 ILCS 5/212(b)
There are limited circumstances under which one can invalidate a marriage.
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