Legal Question in Family Law in California
Legal Marriage
My wife is seeking a divorce. During our separation I have learned that the minister was not licensed to marry us in the state and that the county has no record of our marriage.
Do we still need to file for a dissolution?
Can we just sign a mutual Marriage Settlement Agreement?
2 Answers from Attorneys
Re: Legal Marriage
While you are probably not married it would be best to have a judicial declaration that you are not married as well as to determine the property and support issues that would arise out of a putative marriage. You should proceed with the dissolution action to resolve all issues. It would be a tragedy to learn 10 years from now, after you have re-married, that your first marriage was valid and your current marriage would not be valid. Better safe than sorry. Good Luck, Pat McCrary
Re: Legal Marriage
from the facts stated, it appears you and your wife would be what the state deems as "putative spouses", which simply means that you both had a valid good faith belief in a void or voidable marriage and neither one you can be "penalized" for it. if you would like further assistance on resolution of your "marital" status, please email me directly today on how you might ideally like to proceed, and i can help you from there.
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