Legal Question in Family Law in Iowa

Marriage Licence

If a couple applied for a wedding licence and recieved it, went through the solemnization of marriage, but the marriage certificate was not properly signed are they legally married? This happend to me, we went through the ceremony on Oct 9th and everything but came to find out the marriage certificate was not properly signed. The clerk of court keeps sending it back becasue evertime we send it in, there is another mistake made on it. So I was wondering if the couple would be officially married yet.

Thanks you


Asked on 10/28/04, 1:39 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Marriage Licence

Can't say as I've ever been asked that question. My opinion is that the marriage (assuming it was otherwise legitimate and performed by a person entitled to do so) is valid and the certificate is merely an official record of it. The person responsible for performing the marriage is required to fill in the details. Here's a section of the code that deals with this issue.

595.13 Certificate -- return.

After the marriage has been solemnized, the officiating minister or magistrate shall attest to the marriage on the blank provided for that purpose and return the certificate of marriage within fifteen days to the county registrar who issued the marriage license.

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Answered on 10/28/04, 2:05 pm


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