Legal Question in Family Law in Tennessee
My fiance and I went through an ad-hoc "wedding ceremony" in 2008, according to Tennessee law 36-3-306 this is a valid marriage. What do I need to do to validate this. He passed away June 7,2010.
1 Answer from Attorneys
How do you validate (prove) a marriage?
That's easy.
You produce the marriage license.
Then everyone knows, by clear written proof, that you are married.
Tennessee does not allows a marriage to be effected in this state by "common law" procedures (that is, by standing up in front of witnesses and declaring yourself married).
It is true that T.C.A. �36-3-306 allows a marriage to be treated as valid even if certain requirements fixed by law were not observed. Those include waiting periods, etc.
T.C.A. �36-3-306. Marriage consummated by ceremony not invalidated by failure to comply with law -- Restriction.
Failure to comply with the requirements of �� 36-3-104 -- 36-3-107, 36-3-109 -- 36-3-111 shall not affect the validity of any marriage consummated by ceremony. No marriage shall be valid, whether consummated by ceremony or otherwise, if the marriage is prohibited in this state.
Notice that a key requirement -- that may NOT be waived -- includes T.C.A. �36-3-103, the statute that requires a marriage license.