In re Marriage of Igene
2015 IL App (1st) 140344
Ill. App. Ct.2015Background
- Igene and Courage Igene met at a church convention in Houston in July 2006; Courage presented as 'Pastor Joshua' and was still married to Alissa Willis.
- A religious ceremony occurred in Atlanta on April 21, 2007, without a marriage license, while Courage remained married to Alissa Willis.
- Afterward, the couple went to Dallas; Courage's prior marriage to Alissa Willis dissolved on July 5, 2007, and they obtained a Dallas license and had a civil ceremony on July 23, 2007.
- Petitioner later learned Courage had multiple prior marriages and that he was married to Alissa at the Atlanta ceremony; she moved out in 2011 and discovered the history in 2012.
- Petitioner filed a petition to declare their July 23, 2007 marriage invalid; Courage counter-petitioned for dissolution of marriage; the circuit court invalidated the July 23 marriage in September 2013.
- We hold that the court erred in invalidating the July 23, 2007 marriage and remand for dissolution proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fraud to essentials of marriage | Igene contends Courage's concealment of prior marriages fraudulently affected the marriage. | Igene argues concealment satisfies fraud; the court should annul the marriage. | Concealment did not amount to fraud to the essentials; annulment not warranted. |
Key Cases Cited
- Wolfe v. Wolfe, 76 Ill. 2d 92 (Ill. 1979) (fraud must vitiate the essence of the marriage)
- Louis v. Louis, 124 Ill. App. 2d 325 (Ill. App. 2d 1970) (fraud must go to the essence of the marriage contract)
- Hill v. Hill, 79 Ill. App. 3d 809 (Ill. App. 3d 1979) (fraud must affect consent and be essential to the marriage)
- Bielby v. Bielby, 333 Ill. 2d 478 (Ill. 2009) (false representations as to fortune or character not essential to marriage)
- In re Nord, 402 Ill. App. 3d 288 (Ill. App. 2010) (annulment review is manifest weight of the evidence standard)