TN 29 (05-01)

POLICY -- THE UNIFORM MARRIAGE EVASION ACT

The Uniform Marriage Evasion Act, which has two main provisions, has been adopted by the following States:

• Illinois

• Louisiana

• Massachusetts (NOTE: as of 07/31/08 the second provision of the Uniform Marriage Evasion Act no longer applies in Massachusetts)

• Vermont

• Wisconsin

The first provision: If a resident prohibited from marrying under the law of the State goes to another State for the purpose of avoiding this prohibition and contracts a marriage which would be void within his/her home State, that marriage will be held to be void by the home State, just as if the marriage had been entered into there. (Several States which have not adopted the Uniform Marriage Evasion Act as a whole have adopted this first provision; see summary of State laws in GN 00305.165.)

The second provision: Prohibits the marriage within the State of persons residing and intending to continue residing in another State, if the marriage would be void if contracted in the individual's home State. A marriage in violation of this prohibition is void in the State of marriage, just as it would be void in the State of divorce or in the individual's home State. It is also void in all jurisdictions by the general rule that, in determining the validity of a marriage, the courts will look to the law of the jurisdiction where the marriage occurred.