Legal Question in Family Law in Michigan

Am I Married Or Not?

Couple meets, both in different counties. Husband asks wife to marry him, she agrees. Wife obtains marriage license in her county, but husband wishes to get married in his county. Since wife is not familiar with county to be married in, she wants church wedding, husband says they can get married in his church. Ceremony is held in large church with only Pastor and wife, plus cleaning lady present during service. Marriage license is signed AND witnessed by the Pastor who marrys them and his wife, (which both are friends of husbands) cleaning lady only witnesses, but does not sign marriage license. After several months go by, husband tells wife that Pastor was actually ''a friend of his'' who DOES NOT HAVE A LICENSE IN THE STATE OF MICHIGAN, but the actual Pastor of the Church they were married in, signed the Marriage License and ''allowed'' friend to perform the ceremony. So the Marriage was Performed by Friend, but actually signed by a licensed Minister for the State of Michigan. Is the Bride married legally or not?? Husband and wife have presently been married approximately 12 yrs. Anxiously awaiting your reply....Thank you


Asked on 12/29/03, 9:05 pm

1 Answer from Attorneys
Thomas Weiss McClintic & Weiss, P.C.

Re: Am I Married Or Not?

Hello!

Wow. Quite a story.

Michigan law, contained at Michigan Compiled Laws section 551.16, says that if a marriage solemnized before a person professing to be a minister of the gospel shall not be considered void, nor shall the validity of the marriage be affected, on account of any lack of authority in the supposed minister if the marriage was consummated with a full belief on the part of the person married (you) that you were lawfully married.

Short Answer - if you want to be married, you ARE married.

NOW, if you DON'T want to be married - you have a more difficult case. You could argue fraud and lack of legal basis for the solemnization of the marriage vows. This would almost certainly require an attorney to assist you since the pleadings to the court to invalidate the marriage would be fairly complex, I believe.

Of course an alternative if you DID NOT want to be married would be a divorce that included in the pleadings to the court that you entered into a marriage only by fraud.

AGAIN, however, if you DO want to continue your marriage, you should be in great shape. It is not a "common-law" marriage (which was abolished in Michigan in 1957) but rather a marriage that was consummated after a good-faith belief that the "ceremony" was legitimate.

Good luck to you. If you would like to give me a call, please feel free: (989) 772-4206.

Tom Weiss

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Answered on 12/30/03, 9:32 am


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