Legal Question in Family Law in California
Marriage Certificate not filed...now what 10 years later
On June 24, 1993 HE and SHE had a marriage ceremony performed. The marriage license was applied for in San Joaquin County (where they lived) and the ceremony was performed in Orange County where HER family resided.Neither SHE, HE, or the Priest who performed the ceremony, filed the documents after the wedding.The couple lived together in San Joaquin County till they �broke up�in 1999. All of their taxes since the �ceremony� have been filed as either married filing jointly or married filing separately. SHE called the county where they filled out the paperwork for the wedding and they have no record of the marriage. SHE then called the county where the marriage took place and they have no record of the marriage. HE has also talked to a paralegal and a lawyer. They both said that if there is no marriage certificate filed, then legally they aren�t married. The questions--name removed--has are as follows: Are SHE and HE legally married? If so, what must they do to proceed with an uncontested divorce? If not, what IRS issues could be involved based upon filing taxes as married? Based upon the above, are their any other legal exposures that they need to address prior to becoming married.
1 Answer from Attorneys
Reply: Marriage Certificate not filed...now what 10 years later
They are legally married pursuand to Family Code Section 306 which states:
"Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the certificate of registry of marriage shall be returned as provided in this part. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage."
For a specific opinion regarding your friend's individual circumstances, I suggest that your friend 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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