Legal Question in Family Law in Massachusetts

Now divorcing but marriage certificate never filed
This might be a tough one. I was married by a justice of the peace in Massachusetts in 1993. The JP failed to file the marriage certificate at city hall and there is no record of it in the state vital statistics office. My ''marriage'' broke up over a year ago, after moving to Ohio and we have a notorized separation agreement. Now I want to remarry. Since there is no record of the marriage am I legally free to marry or since a marriage did take place is there some sort of annulment I have to get first? We did file taxes together as married filing a joint return and she had her social security number changed to her ''married'' name. Is there a simple solution to this or should we hire an attorney? Thanks in advance for any advice you can offer. -Kevin

Asked on 5/14/03, 4:25 pm

3 Answers from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

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Re: Now divorcing but marriage certificate never filed

An actual marriage certificate is not required to get a divorce in Ohio, assuming the opposing party is not denying its existence. It would be good to review the separation agreement. Unless it is presented to a court, and made an order of that court, it is not sufficient to end the marriage.

Answered on 5/15/03, 12:35 pm

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John Roncone III (Jay) Roncone Law Offices, PC

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Re: Now divorcing but marriage certificate never filed

I believe that the situation speaks of a "putative" spousal relationship where both parties acted as if there was a valid marriage. This would seem to apply if the JP failed to technically validate the marriage by filling out the necessary paperwork. In such a siuation, normal divorce procedures typically apply. I do not believe you should ignore the issue of legality of your previous relationship, since this may expose you to all sorts of legal problems. In any event, you should contact a good family law attorney in your jurisdiction since it seems you no longer have any ties to the state of MA.

Answered on 5/14/03, 8:00 pm

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