Legal Question in Family Law in California

I was married sometime between 94-98. I do not remember the date. the county records cannot find a record of the marriage. I remember the minister saying he was going to file the record. If he did not does that mean I am not married? I need to know because he beat me and forced sex and I left before 6 months. I have been with someone else since 2000 and want to get a domestic partnership with her. if I am married I need to get a divorce before I can do that.


Asked on 3/23/10, 9:54 am

1 Answer from Attorneys

James Chau Law Offices James Chau

You dont need a marriage certificate to be legally married. If you went through the ceremony and your ex partner admits it, then for all intents and purposes you were married. You should go to the county where you were married in and look for the record. You will most likely need to divorce form the first before you get remarried, otherwise you will be entering a bigamous marriage.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/30/10, 6:56 pm


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