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A heterosexual couple who are in a civil union in Illinois want to get married.

Worth, IL |

I'm female and my boyfriend and I filed for a civil union in Illinois and now we want to get married to each other. Do we have to get the Civil Union dissolved before we can apply for a marriage license in Illinois?

Attorney Answers 2

Posted

without doing a bunch of legal research, i think not. you could go get a marriage license, get married. that should dissolve the civil union as the marriage is of greater status than the civil union.

i doubt that there is any law on this. the civil union statute says nothing about this.

the marriage act says a prohibited marriage is one in which either party is married to someone else and that marriage is not dissolved. a civil union is not a marriage.

based on a quick reading of the statutes, i say go for it.

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Judy A. Goldstein

Judy A. Goldstein

Posted

I tend to agree with gary . Couples cannot marry if they are not legally available to marry. In other words, if they are already married. There is no provision for consideration of a civil union. this area of law is still very new. Go ahead and get married and then, please enjoy a long and happy life together. Neither gary nor I want you as clients :-).

Posted

No., Get married. Congratulations.

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