Legal Question in Family Law in Texas
Do I need a divorce?
My ex husband and I recently filed for a marriage license and had a wedding ceremony. We then decided that it was not going to work out. The marriage certificate was never filed with the courthouse. The certificate was destroyed. Are we legally married?
1 Answer from Attorneys
Re: Do I need a divorce?
I am somewhat confused. By law, the person who officiated at the ceremony has the obligation to return it to the county clerk for filing. The clerk then mails it to the parties after recording it. Additionally, the act of marriage and ceremony indicates the existence of an informal marriage. As a precaution, contact the clerk to verify that the license was not recorded, and consult with an attorney to do the research needed to fully answer your question.
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