Legal Question in Family Law in California

Marriage Contract

I would like to know if anyone has ever sued a state for fraud in regard to the marriage contract associated with the Marriage License. I was in no way aware of the legal obligations to the state involved with the marriage license when I signed it. In my view the state did not fully disclose the details of the contract. I have recently gone through a nasty divorce and have basically lost everything as a result of the fraud committed by the state. Is there any legal recourse for people who have been duped into signing this contract they have not read?


Asked on 6/23/09, 1:22 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Marriage Contract

Well, that's precisely correct: marriage is a contract -- either a Pre-Marital Agreement ("Pre-Nup") or the government default contract. California has been a community property state for a long time and the adage is "ignorance of the law is no excuse". Instead of looking at it as a fraud for the government not to disclose, perhaps the problem has more to do with people jumping into a legal relationship they did not fully understand. The contract terms are available to all those who take the time and energy to review them.

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Answered on 6/23/09, 1:50 pm


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