Legal Question in Family Law in California

no record of marriage

I am seeking a divorce from my wife but I just recently found out that marriage was never filed with the courts. Do I still seek divorce the regular way or am I a free man.


Asked on 9/04/06, 3:18 am

4 Answers from Attorneys

Samuel Lovely Law Office of Samuel Lovely

Re: no record of marriage

The marriage would not have been "filed with the courts." Do you mean that the marriage was never filed with the County Recorder? My rates are very reasonable, and I'd be happy to offer a free consultation.

Read more
Answered on 9/05/06, 1:58 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: no record of marriage

If you and your wife went through a marriage ceremony and the person performing the ceremony failed to record the certificate, you are legally married. You should review this matter with an attorney.

Read more
Answered on 9/13/06, 11:17 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: no record of marriage

A putitive spouse has the same rights as a legal spouse. A putitive spouse who one who has a reasonable belief that they were married. Call me directly at 16192223504.

Read more
Answered on 9/07/06, 4:35 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: no record of marriage

The marriage documents are filed with the county recorder, not the courts. Even if you do not have a legal marriage you do have a "putative marraige" which has its own legal ramifications. Seek legal advice before assuming that you can go without filing a dissolution. Also consider the question of what would happen if you were to marry again and then find out that the marriage certificate was filed somewhere that you did not expect, then your new marraige will be a nullity. It is probably safest to just dissolve the marriage. Good Luck, Pat McCrary

Read more
Answered on 9/05/06, 12:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California