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?
- Category: Marriage
- Date:
- State: Indiana
Answer:
In Indiana, if a marriage is void due to one spouse having a living partner from a previous marriage, the children born from that marriage are generally considered legitimate. According to Burns Ind. Code Ann. § 31-13-1-2, this applies if:
- The marriage is void because one spouse has a living husband or wife.
- Neither spouse reasonably believed the other had a living spouse.
As long as your child was conceived before you discovered your husband's prior marriage, your child will not be considered illegitimate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.