Legal Question in Family Law in New York

Marriage License - Divorce information not disclosed

I was married previously and have since finalized the divorce. I am engaged to be married now and I have not told my fiance of my prior marriage. Can I apply for a marriage license in New York without disclosing this information? Is there some type of search mechanism used to confirm information provided on a marriage license when applied for?


Asked on 2/08/06, 8:01 pm

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Marriage License - Divorce information not disclosed

You will be asked to fill out a form which will include just that question when applying for your marriage license.

Answering 'no' will not invalidate or have any impact on this, your second marriage. While it is true that willfully filling out a document submitted to the government is a criminal offense and I am not recommending that you do so, there is no way on Gods Green Earth that you will be prosecuted or even embarrassed by the district attornmey or any other governmental official should the government learn of your decision to respond inaccurately ('no') to the question.

I would like to tajke this opportunity to suggest that it might be best for you and your beloved to discuss this past marrigae at some time. He might be grateful for the opportunity to listen and help with this bad first experience. It might also help him be a better husband to you by knowing you better. Most importantly, it will help you feel closer to him by letting him know of this intimate experience.

My best wishes for your coming marriage.

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Answered on 2/09/06, 11:42 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Marriage License - Divorce information not disclosed

ANY document, including a marriage license application, that you prepare and sign, for filing with a State government agency, that contains false or fraudulent information may subject you to civil and criminal penalities.

Therefore, you should not apply for a marriage license in NY, or in any state, without disclosing info about your prior marriage and divorce, on the application, if asked.

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There is no "searchable" National computer data bank or system with information about marriages or divorces.

Each state maintains its own separate department, agency and system for marriage and divorce vital statistics.

In most states, marriage and divorce information is NOT public information and it is not generally accessible to anyone, but the parties, to the marriage or divorce.

Even "intra-state" public officials, are usually required to show just cause or a reason, to obtain particular marriage and divorce information, that is less than 50 years old.

Good luck,

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Answered on 2/09/06, 10:28 am


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