Legal Question in Family Law in California

My marriage license was never filed. Am I legally married?

Do I still need to obtain a divorce to not be liable for my partners debt?


Asked on 4/20/10, 3:29 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It sounds as though you were married, but that the person solemnizing the ceremony never returned the marriage. A recorded marriage license creates a presumption that the parties are validly married. (Evid. Code, sec. 663.) If no record of the solemnization of a California marriage is known to exist, the parties are able to purchase a License and Certificate of Declaration of Marriage. (Fam. Code, sec. 425.) Obviously, you don't want to admit the marriage, even though you were married, to avoid being liable for what you label as your partner's debt.

You do ask an interesting question, because I have never heard of someone not returning the marriage license, which is required under Family Code section 423. In my opinion, you are lawfully married, but there is no recorded proof of it.

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Answered on 4/29/10, 4:10 pm


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