Washington, MI asked in Divorce, Family Law and Child Custody for Michigan

Q: Can two first cousins marry in Michigan?

I have a case where 2 first cousins faked a wedding, represented themselves as husband and wife, this also included to CPS and the family court in Michigan. Years later they obtained a marriage license from Virginia and now are promoting that no laws were violated since they did not legally marry each other in the past and now have a marriage license from another state which the State of MI will honor... obviously a complex issue. First faking a wedding and benefiting from presenting your status as husband and wife to the family court system seems risky; there are consented orders between the ex's where one party was not aware that the wedding was faked; (there are children involved) and it seems that the State of MI did not intend for the law to be gamed by running to another state for a quick weekend wedding and then assuming the State of MI will simply honor this arrangement. (They would normally however in this situation the marriage {incest} is against the law if done in MI)

1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Not sure what you're looking for. Marriage is a civil matter; if the marriage is invalid under Michigan law - which you are right, marriage between first cousins would be - then it would be voidable, not illegal in the criminal sense. And generally, Michigan will recognize a marriage made in another state. Last, incest is illegal only due to age or mental capacity. There are no facts presented to suggest that that's the case here.

I'm not sure how one would go about proving a marriage was faked. If they satisfied Virginia laws for a marriage certificate, than what was faked?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.