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.
4 Answers from Attorneys
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.
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.
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.
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