skippys said:
We were married by a judge in someones home. At the time of the wedding, the judge gave us the marriage certificate to have filed in our hometown in New Jersey. This was never done so there is no record on file of this marriage. Is it legal and do I have to go through divorce proceedings?? There is no property or kids involved. Thanks
My response:
While New York requires, by law, as most States do, the filing of the Certificate of Marriage, the act of filing is merely a "legal" formality and the failure to do so does nothing to void an otherwise legitimate marriage.
That's why you had a judge, and other persons, in attendance as officiates and witnesses because they can all testify that there was, in fact, a marriage - - should the issue even come up at all.
You need to obtain a divorce using proper procedures.
IAAL
