Legal Question in Family Law in Nevada

Do I have to get divorced if there's no record of marriage?

I was married in Riverside County (Mira Loma) CA 9/9/99. We filed for our marriage application in San Bernardino County. I have been trying to get a copy of my marriage license for a NV license and there is no record of marriage in either county. I have also searched thru vital-chek. I haven't lived with my husband since 10/06 when is was incarcerated and moved from our home 2/07. I haven't seen or spoken a word to him since his incarceration. We do have a 4-yr old daughter. I understand that since I went through the marriage ceremony and lived as a married couple I can legally file for divorce. I have filed for child support and all properties have already been divided. My question is; I am planning on re-marrying later this year and was wondering if it was really necessary to file for divorce or could I re-marry without one since there is no record of marriage on file? I currently live in NV. Thank you.


Asked on 4/16/08, 6:14 pm

2 Answers from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Do I have to get divorced if there's no record of marriage?

I would suggest getting a divorce because your "husband" is incarcerated, he will not be able to object. Further, you need a California lawyer to tell you whether your marriage is valid as the documents were to be filed in California.

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Answered on 4/16/08, 6:37 pm
James Smith James E. Smith Ltd.

Re: Do I have to get divorced if there's no record of marriage?

Yes. The record is irrelevant. If you marry without getting a divorce your marriage will be void and subject to being annulled.

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Answered on 4/16/08, 7:24 pm


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