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Is it legal to marry my stepson? Help!!!

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louisa01

Junior Member
What is the name of your state? Michigan. Is it legal to marry my stepson in the state of Michigan. Posted this about a week ago, and no response. He is my ex-husband's son. My divorce is final for over a year and we have recently begun a relationship. If it's not legal in Michigan, what about Ohio? Thanks for any response.
 


rmet4nzkx

Senior Member
Prohibited Marriages: There is a distinction between prohibited marriages that will not be recognized by the state regardless of the capacity of the parties (and are, therefore, invalid or void), and those that could be valid but are voidable due to some incapacity of the parties.

Two mirror-image statutes provide:

"No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's grand-daughter, nor his sister, brother's daughter, sister's daughter, father's sister, or mother's sister, or cousin of the first degree. " MCL 551.3; MSA 25.3.

"No woman shall marry her father, grandfather, son, grandson, stepfather, grandmother's husband, daughter's husband, granddaughter's husband, husband 's father, husband 's grandfather, husband's son, husband's grandson, nor her brother, brother's son, sister's son, father's brother, mother's brother, or cousin of the first degree. " MCL 551.4; MSA 25.4.

"No marriage shall be contracted whilst either of the parties has a former wife or husband living, unless the marriage with such former wife or husband, shall have been dissolved." MCL 551.5; MSA 25.5.

Thus, the law prohibits marriages up to 2 generations apart (up to grandparents; down to grand-children), and also prohibits many but not all "in-law" (e.g., son's wife and wife's mother, but not brother's wife or wife's sister) and "step" unions (e.g., stepmother). A decreasing number of states prohibit marriages based upon affinity. Michigan's Criminal Sexual Conduct statutes, it might be noted, use the very broad phrase "the actor is related to the victim by blood or affinity to the fourth degree. "
 

Mbarr

Member
I posted earlier without researching. :rolleyes: Accordingly, I have deleted the incorrect response I gave.

Rmet is correct re Michigan law. Ohio, however, has no specific prohibition against marriage between persons formerly related by marriage.

RMET: None of the states I am familiar with have laws against marriage between persons who are not related within a certain degree of consanguinuity. Further, I am accustomed to the concept that the dissolution of the marriage also terminates the stepparent-stepchild relationship as well. How common have you found such prohibitions to be?
 

louisa01

Junior Member
Confused about marrying my stepson laws

Michigan-I really need to know the legal answer. I don't want to get married and then find out it's not valid. He is of age, and I don't really consider him my stepson, but I'm getting mixed answers and need something concrete to eliminate problems later.
 

Mbarr

Member
louisa01 said:
Michigan-I really need to know the legal answer. I don't want to get married and then find out it's not valid. He is of age, and I don't really consider him my stepson, but I'm getting mixed answers and need something concrete to eliminate problems later.
You cannot marry in Michigan.

You can marry in Ohio.

That was clearly stated before.
 

rmet4nzkx

Senior Member
It is obvious you don't consider the relationship insestuious, most step fathers have the same beliefs.

How old are you & your Ex, how old is your step son? How long were you his stepmother?
 

louisa01

Junior Member
Response

Michigan
My marriage has been over with for 2 years. I only lived with my stepson for a short period of time during my 5 year marriage. I am 44 and my stepson is 25. We are not related by blood. My ex-husband told me he had only been married once before, I was actually his fourth marriage. He married wife #5 within a few days of our divorce. He cheated on me with numerous women throughout our marriage. After our divorce, my stepson and I began a friendship over the phone. He was living in another state. We became very close, and although it sounds strange, we became romantically involved. We have been together for about a year and a half, so it isn't a brand new relationship. We both realize this is unusual, but we love one another very much. His entire family, except for his father, is completely supportive of our relationship. We are probably not going to marry for about another 6 months to a year, we just wanted to find out what the legalities are.
 

rmet4nzkx

Senior Member
It appears that you get some satisfaction in the reaction of your ex to the relationship with your stepson, you feel wronged and now you are getting back.
 

stealth2

Under the Radar Member
Well, the problem is sonny-boy won't be able to leave the state of MI for a while - he's currently incarcerated, and will then presumably have some restrictions on his ability to go out of state.

https://forum.freeadvice.com/showthread.php?t=281328

louisa01 said:
What is the name of your state? Michigan

My questions are probably going to sound pretty wild. I want to marry my stepson. I live in Michigan. He is in prison but will be released soon. My question is, can we legally wed in Michigan? The law states you cannot marry your stepson-actually it states he cannot marry his stepmother, but I am no longer married to his father, we are divorced, so is he still my stepson? The other question is, if we do get married here now, can we later marry in another state where we would have a valid marriage, for example, I believe we could marry in Ohio legally. Or can you only marry the same person once? We could marry while he is in prison, but when he gets out, he probably won't be allowed to leave the state for 18-24 months, so we wouldn't be able to get married for quite some time. Do we need to disclose to the person marrying us our prior relationship? Or to the county clerk? We share the same last name currently, I have been divorced for over a year and we only lived as stepmother/stepson for about one year, of course, there was absolutely NO relationship until well after the divorce, romantically, I mean. Thank you so much for your time and attention to this matter. I know it's lengthy, but wanted to give all of the details.
 

louisa01

Junior Member
My ex-husband's reaction to the situation does not affect me one way or the other. I am saddened that my fiance' will not have a relationship with his father, but I think they were on the way to that anyway. I derive no pleasure or satisfaction, nor do I care to "get back at him". I don't work that way. I tried very hard, giving 150% to a dead marriage for 5 years, I simply decided that I wouldn't take it anymore.
Maybe we will come to Vegas. It would be fun.
As far as the sarcastic remarks, I just wanted legal advice and facts. I really don't care about opinions. Thanks for the legal advice. I think we're done here.
 

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