Legal Question in Family Law in California

Proof of marriage

Hi, I was married june 4th of 2000, My husband was killed June 6th of 2000. I am involved with a civil suit pertaining to his death. His father who never had a thing to do with my husband or our children the who time my husband was alive, got word somehow about the pending lawsuit, and this low life greedy monster, is trying to say his son and I weren't married. even though I have a marriage license from the state of california. I am told that due to some clause that that is not actuall proof that the minister will have to be found and made to give a deposition. this is all so rediculous all its doing is stalling and prolonging this case its already been three years since he was killed. Is this right?


Asked on 7/26/03, 1:16 am

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Proof of marriage

no, this is not right. you are an actual spouse or at least a putative spouse based on the facts you have submitted thus far. however, there would need to be proof of an actual marriage ceremony and not just a license. if you would like additional assistance in this matter, email me directly for justice.

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Answered on 7/26/03, 6:23 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Proof of marriage

I am a Family Law attorney and a Personal Injury/Wrongful death attorney as well. A marriage license just means you have a license to get married. A person who is legally recognized by the State to perform marriages such as clergy or Justice's of the Peace must send a certification to the State upon performing the marriage ceremony for it to be legally recognized. Just because you have a license does not mean you were married!!

It would make sense to depose the person who married you, but you might get around that by checking to see if the certification was mailed to the State.

I am not too sure the father would have a credible cause of action for wrongful death if your husband has surviving children. I understand you are now represented by counsel, however you may contact me if you like by telephone, 818-427-6246

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Answered on 7/26/03, 1:29 am


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