Legal Question in Family Law in California

Marriage

My fiance and I wish to be married, but without the state of CA knowing about it. If they were to know, it would mess up the benefits that I now receive due to an HIV infection. Can we go out of the state of CA, get married and return to CA without CA being made aware? Also, can she legally change her last name to mine?


Asked on 10/22/06, 8:02 pm

4 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Marriage

Are you really asking attorney's, who are officers of the court, to assist you in commiting fraud. An attorney could lose his license for doing that. Pat McCrary

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Answered on 10/23/06, 10:57 am
Joshua Hale Hale Law Group

Re: Marriage

It seems you are attempting to "dodge" the law. If the state finds out about your marriage then it is likely the benefits will be zapped. I would not suggest doing this. If you really want to be married, then perhaps marriage in another country would create an ideal situation.

However, there are sometimes reporting laws in other jurisdictions, and it may be illegal in California to withhold your marriage status to the state. Regardless of what you end up doing, my legal advice is not to break the law in any way shape or form, since you risk losing your HIV healthcare that you said you currently receive.

If your girlfriend is worth risking your life and well being, then you can marry in CA despite the risks.

Good luck, and don't break the law just to get married.

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Answered on 10/22/06, 8:21 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Marriage

It is my experience that a marriage in any country is recognized in California. You contemplating committing fraud. If you marry and hide that from California to obtain welfare, medical etc, upon learning of this deception benefits will end. Not only will the benefits end, there is a very high probability of criminal charges being filed against you and possibly her. There would also be an order for you and very possibly her reimburse the state for the cost of benefits received. A conviction for fraud could result in jail or even prison time.

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Answered on 10/24/06, 1:49 am
Robert Mccoy Law Office Of Robert McCoy

Re: Marriage

Why not just get married in spirit, but not in law? Have a minister marry you, commit to each other, and have a written partnership agreement between the two of you. The partnership agreement, if properly drafted, should be legally binding. You can also legally change names without having to get married. If making a written agreement seems, oh so unromantic, consider that the State of California already has one written for you that you would be bound by if you were to get married. I am confused as to why you would lose your benefits. Does it have something to do with net assets? If that is the case, a pre-nup should take care of that.

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Answered on 10/22/06, 11:26 pm


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