Legal Question in Family Law in Massachusetts
Marriage
I have a friend who was married on the Dutch side of St. Maarten seven years ago. Neither party went to the town clerk's office where they reside to sign a marriage certificate after returning from St. Maarten. They do however possess legal document from St. Maarten. She recently left her husband and is curious as to whether or not they are legally married under US law. They are both US citizens and live in Massachusetts. One interesting fact is that according to social security her maiden name is still her last name; not her married name. Are they legally married according to US law?
4 Answers from Attorneys
Re: Marriage
If under the law of St. Maarten they are legally married, then they are legally married here.
You retain your maiden name under soc security until you file the appropriate forms with social security to change your name from maiden to married.
Your friend needs to file for divorce if she no longer wants to be married.
: Marriage
The initial integrity of the marriage is measured by what the law is in St. Maarten, not in the US. U.S. is there to recognize if the formalities of the marriage have been executed. If they were, then they are married. There is no requirement to sign a certificate on their return, and it does not matter nor is it interesting what her social security says.
If you have any other questions, contact me.
Re: Marriage
I guess it depends what type of documents either one can produce to show they were married. What type of documents exist from St. Maarten? Did they file their taxes jointly? Did they buy real estate together as joint tenants by the entirety? Did the wife use her married name for legal purposes? If there is no evidence of a marriage,it would be difficult to prove.
Re: Marriage
To restate Mr. Lebensbaum's correct answer, a marriage is valid in Massachusetts if it was validly entered in another state or country.
She should be happy for this -- people who think divorce is ugly have no idea how ugly it can be to merely live together and have to sort out property and child-related issues -- without the help of ONE court in ONE legal action.