My husband's prior marriage was never dissolved so I claimed our marriage to be void.
Full Question:
My husband and I got married two years back in Indiana. After my pregnancy I found that my husband had married earlier and the marriage was never dissolved. Therefore, I claimed our marriage to be void. I would like to know if my child will be considered illegitimate?
01/05/2017 |
Category: Marriage |
State: Indiana |
#29512
Answer:
Burns Ind. Code Ann. §31-13-1-2 states the legitimacy of the child when either of the spouse is in a bigamous marriage. It reads:
“If:
(1) A marriage is void because either of the parties to the marriage has a living husband or wife; and
(2) Either of the parties to the marriage did not reasonably believe that either of the parties had a living husband or wife;
the children of the marriage shall be treated as if the children are children of a marriage that is not void if the children were conceived before the discovery that a party to the marriage had a living husband or wife.”
(1) A marriage is void because either of the parties to the marriage has a living husband or wife; and
(2) Either of the parties to the marriage did not reasonably believe that either of the parties had a living husband or wife;
the children of the marriage shall be treated as if the children are children of a marriage that is not void if the children were conceived before the discovery that a party to the marriage had a living husband or wife.”
Therefore, your child will not be considered as illegitimate.