Legal Question in Family Law in California
Is a marriage performed in Jamaica legal in either California, New Jersey, or New York legal? The marriage document from Jamaica was never brought to any courthouse for registration.
Second, if the bride already had a marriage of convenience in place (for citizenship) at the time of the marriage, is that Jamaican marriage legal? And could the bride be prosecuted for bigamy?
1 Answer from Attorneys
If the bride was already legally married, the second marriage is invalid. The only question is whether it needs to be annulled or simply does not exisit. It is irrelevant what state you are in as to whether the Jamaica marriage exists. The only issue is whether it is valid under Jamaican law. Under California law, if the marriage license is never returned, and a substitute certification of the marriage is not filed (such as when the original is lost or destroyed) the marriage is never on record and does not exist. That may or may not be the same in Jamaica. You will have to ask an attorney admitted to practice in Jamaica. If the marriage IS validly completed under Jamaican law, even though illegal there and here, it would be recognized in any U.S. state as a voidable bigamous marriage. It would have to be annulled, and the bride could be charged with bigamy. If it is not considered a completed marriage under Jamaican law, then it is as if it never happened as far as U.S. law is concerned.