Legal Question in Family Law in California

Is it legal

I was married in a church, by a minister in 1996. The minister made a mistake on the paper work and whited it out. The paper work was returned. We never did sign it and have it recorded. 7 1/2 years later we are seperating. My question is ''Are we legaly married? And do we need to file for a divorce? If so what do I need to do?''


Asked on 2/02/04, 11:09 pm

4 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Re: Is it legal

You may or may not be "legally married" but in a general sense, if you believed you were married then you may have an accumulation of community property whether or not you were "legally married".

For more detail and or an opinion regarding your specific situation, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 2/03/04, 11:03 am
PATRICK MCCRARY PATRICK MCCRARY

Re: Is it legal

Whether you have a marriage or a putative marriage you will still have property and support issues to resolve. The least complicated method of resolving these issues is through a dissolution of marriage action. It could cause real problems if you thought that you were not married, married another and then found out that the first marriage was indeed valid. Talk to an attorney to understand the issues that you must deal with now. Good Luck, Pat McCrary

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Answered on 2/03/04, 11:04 am
Donald Holben Donald R. Holben & Associates, APC

Re: Is it legal

Legality of marriage may be in question, however, re community property/debt, likely stuck. Retain counsel.

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Answered on 2/04/04, 4:26 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: Is it legal

If in doubt, you should always do more rather than less. Even if there is an existing prior marriage and you did not know about it at the time of your marriage, you are considered to be a "Putative" spouse under the law. In that case you have all the usual property rights associated with a "regular" marriage. This may be a complicated issue for you and it really is in your best interest to contact an attorney to represent you. If we can be of any further help, please feel free to contact us. Best regards, Damian M. Nolan.

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Answered on 2/03/04, 3:21 pm


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