Legal Question in Family Law in California
need to know if marrige is legal
My wedding took place on Nov.25,2000, my wife reasured me that she took care of the paperwork,(license)and says she got it at the library. 8 months into the marrige is when we got the license back by mail. By then, we were already having problems so I was not interested in looking at it, or I would have seen that it stated I was married on June 28,2001. Her friend performed the ceremony, her husband was the witness. I signed it, the wife dated it. For some odd reason and a bitter divorce in procress, her frind, and her husband, along with my wife, are claiming the date on the license is correct, while everyone else involved in the wedding knows the correct date. I'm sure what has happened is that she told her friend the same thing she told me, that she would handle the paperwork, but time slipped by and she barly sent it to the clerks office prior to us getting it back in the mail, and shes changed the dates so there wouldn't be a question of the validation of the marrige. If this is the case, would the license have expired after a certain amount of time? She came to court with fake receipts she made trying to prove my property was hers. I had the oringal receipts luckly. Can you tell me if my marrige is legal?
1 Answer from Attorneys
Re: need to know if marrige is legal
The doctrine of "putitive spouse" will provide all rights and obligations of marriage to a couple or spouse who had a good faith belief in the marriage. So if the minister was not licensed or any other minor defect would not effect the legality. Why make an issue of the date? The later the date and the shorter the marriage will only benifit you. Call me directly at (619) 222-3504.
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