Legal Question in Family Law in California
I was married sometime in the 90s. I do not remember the date. The minister was a friend of his and a retired chaplain. I do not remember his name or the name or location of the church. I left him before 6 months because he beat me and forced me to have sex. A mutual friend passed me a death threat from him if he ever saw me again. I am glad I have lost track of him. Now I want to find the record so I can get a divorce and marry the one I have been with for 10 years. The county where we married does not have a record of either the marriage or the license. I am disabled and on SSI. I barely pay my rent with that. I cannot afford a lawyer. What can I do that I have not already done? If there is no record, is my marriage a sham? If so, am I free to marry? If I am not free to marry, what can I do to get there?
1 Answer from Attorneys
Do you remember going to the county clerk and taking out a marriage license? If so, is there any chance it was in a different county from the church you were married in? The license has to be taken out in the county you live in, but you can then get married anywhere in the state. If you don't remember taking out a marriage license, and/or the county you lived in and the county you had the wedding in (if different) have no record of the marriage, you probably never had a legal marriage.