Legal Question in Family Law in California

Marriage Certificate Not Filed

Married to Jim Towns on 9/27/02, 1 year later we find out the marriage certificate was never filed and our marriage is not on record in OC. At this writing we are disolving our marriage...what responsiblity do we have to oneanother regarding distribution of common property or restoration of our possessions?


Asked on 7/18/06, 5:41 pm

1 Answer from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

Re: Marriage Certificate Not Filed

If your getting a divorce as opposed to seeking an annulment of an invalid marriage then it doesn't matter if there was a flaw in the recording of the marriage in OC (where's that?). The divorce paperworks asks for the date of marriage which is the date you thought you were getting married. It then asks for the date of separation. This is the date that one of you believed the marriage was over. It doesn't mean the date you stopped living together or the date you discovered this problem. The court will divide any property acquired between these dates as community and may also make a determination of what property is separate. You should be able to wind this up easily. If you want to annul the marriage you are making it a lot more difficult and expensive for no payoff unless spousal support is an issue.

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Answered on 7/18/06, 6:50 pm


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