If You Have Not Divorced in Mexico, Can You Remarry in the United States?
by
Matthew Katz on Mar. 02, 2015
Divorce & Family Law Divorce & Family Law Family Law
Summary: If you have not divorced in Mexico, but you remarried in the United States, could this affect you? In short, yes. If you are married to another person anywhere in the world, you may not marry again until your first marriage is formally ended.
If you have not divorced in Mexico, but you remarried in the United States, could this affect you? In short, yes. If you are married to another person anywhere in the world, you may not marry again until your first marriage is formally ended. To attempt to do otherwise is to attempt to commit bigamy, which is the state of being legally married to two separate people at the same time.
Bigamy is illegal in Illinois and throughout the rest of the United States. To prevent a bigamy charge, you need to end your previous marriage before marrying again. Ending a marriage that occurred outside the United States is a much different process than getting a divorce within the United States. It is important to understand this process and know what you need to do to end your international marriage before proceeding with a remarriage.
Bigamy Laws in Illinois
In Illinois, bigamy is a Class 4 felony.
Possible defenses for a bigamy charge include:
- The marriage has been dissolved or declared to be invalid;
- The individual truly and reasonably believed that his or her spouse had died; or
- The spouse has been consistently absent for five years or longer, providing sufficient reason for an individual to believe that he or she was no longer living.
An individual who does not know that his or her spouse was legally married to another person is known as a putative spouse. Putative spouses are entitled to all legal spousal rights upon ending their marriage, such as spousal maintenance.
Ending Your Marriage in Mexico
To legally marry in the United States, you need to end your marriage in Mexico. There are a few steps you need to take in order to divorce a Mexican national or another foreigner in Mexico.
First, you must have your birth certificate apostilled and translated by a state certified translator in Mexico. You then need to obtain permission to divorce a Mexican national or another foreigner from Immigration.
There are two types of divorce available to you: necesario and voluntario. A necesario divorce is a contested divorce that needs to go through the litigation process to complete. A voluntario divorce is the opposite: an uncontested divorce where the divorcing parties agree to a set of terms, then meet with a judge to confirm the terms of their settlement.
Invalidating Your Marriage in the United States
If you are found to be part of a bigamist marriage, either because you have not divorced your spouse in Mexico or your partner has not ended his or her first marriage, you are entitled to end your marriage through an annulment. Your marriage is not valid and thus may not be ended through divorce. Rather than being legally dismantled like a marriage is through divorce, an annulment essentially erases a marriage from the legal record, making it as if the couple had never married at all.
In many cases, individuals who end their marriages through annulment are not entitled to receive spousal maintenance or to divide their jointly-owned property. However, an individual in a bigamist marriage could potentially go years without finding out that his or her spouse has not ended his or her first marriage. When an individual experiences these circumstances, he or she is a putative spouse and is entitled to rights that normally do not come with an annulment. Talk to your attorney about your unique case to learn more about your rights and obligations.
Chicago Divorce Attorneys Can Help
Whether you choose to end your first marriage, your second marriage, or both, it is a personal decision that should not be taken lightly. Discuss it with both spouses before proceeding with legal action.
Call Katz Law Office, Ltd. at 773-364-6626 today to discuss your options for your marriage during your free legal consultation. The Chicago divorce attorneys at our firm are here to provide you with experienced legal counsel and representation in all issues related to immigration, divorce, and citizenship as well as other branches of the law. We provide our services in both English and Spanish. Do not wait another moment to begin working with a qualified attorney to work out your divorce issue.
