Legal Question in Family Law in California
Am I by law legally married?
Years ago I got married and 2 days later my husband said that he contacted the man who married us and asked him to tear up the paper work and not submit it.
So I thought for 10 years that I wasnt married. When I went to get married I went to the court house to see if there were any marriage records for me and there was not. So I got married. 3 years later my ex showed up with legal marriage papers and filled for divorce. Which the attorney said made my current marriage null and void and that I would have to re-marry my husband to make it legal. So my husband and I decided not to do this and contiuned to live together as a married couple for 7 years. Now I am separted from my husband and am not sure if I have to go through divorce proceedings or not since I wasnt legally married. So my question is do I need to do the divorce thing. We have one child and have agreed upon child surport and there is no shared property. And if I dont have to go through a divorce how to do go back to using my maiden name, legally?
thank you
1 Answer from Attorneys
Re: Am I by law legally married?
You are under California law a "putative spouse", you had a good faith belief that you were married. I don't know how "friendly" the separation is between you and your second spouse, but I would suggest it would be better to have court orders regarding property and custody issues. Feel free to e-mail or call if you have questions
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