Marriage license not valid

[curiouswife]

What is the name of your state (only U.S. law)? SC

I've just found out that my marriage license wasn't valid at the time it was issued (4 years ago). I suspected this. Does this mean I'm not legally married or am I in a "common law" marriage. If I want to end my marriage, do I have to get a divorce if it wasn't valid to begin with??

 

[Ohiogal]

What is the name of your state (only U.S. law)? SC

I've just found out that my marriage license wasn't valid at the time it was issued (4 years ago). I suspected this. Does this mean I'm not legally married or am I in a "common law" marriage. If I want to end my marriage, do I have to get a divorce if it wasn't valid to begin with??

Why wasn't it valid?

 

[curiouswife]

applied for while still married (I was under the impression his divorce was finalized). Turns out the divorce was actually final 2 days before the wedding.
And as I was NOT a factor in the divorce - it was already in process. Backlog in the courts**************..

 

[CourtClerk]

If you weren't married until AFTER the divorce was final, why do you think your marriage isn't valid?

 

[curiouswife]

If you weren't married until AFTER the divorce was final, why do you think your marriage isn't valid?

Because the we applied for the license while he was still married to someone else. I called the clerk of court's office and they said that you couldn't apply for a license while still married and waiting for divorce ,that the decree had to have gone through the court with the official time stamp on it. When we applied, they'd had the final hearing but the final decree with the time stamp had not gone through yet. There was a few weeks between the two.

So that make me curious as it if it is a valid, legal marriage?!?!

 

[mistoffolees]

Because the we applied for the license while he was still married to someone else. I called the clerk of court's office and they said that you couldn't apply for a license while still married and waiting for divorce ,that the decree had to have gone through the court with the official time stamp on it. When we applied, they'd had the final hearing but the final decree with the time stamp had not gone through yet. There was a few weeks between the two.

So that make me curious as it if it is a valid, legal marriage?!?!

It probably doesn't matter. Even if OP thinks that it is not a valid marriage, if he files for divorce, his stbx would probably fight to say it IS a valid marriage and they'd spend more money fighting over that issue than it's worth.

Since it was a technicality (the judge had signed off on the divorce, but it had not been time stamped by the clerk), I think that if it comes down to a fight, it's going to be considered a valid marriage, so they need a divorce.

 

[Ohiogal]

Because the we applied for the license while he was still married to someone else. I called the clerk of court's office and they said that you couldn't apply for a license while still married and waiting for divorce ,that the decree had to have gone through the court with the official time stamp on it. When we applied, they'd had the final hearing but the final decree with the time stamp had not gone through yet. There was a few weeks between the two.

So that make me curious as it if it is a valid, legal marriage?!?!

Yes it is a valid legal marriage which requires a divorce.

 

[moburkes]

yes it is a valid legal marriage which requires a divorce.

heyyyyyyyyyyyyyyyyyyyyyyy!

 

[Ohiogal]

heyyyyyyyyyyyyyyyyyyyyyyy!

YOU need to call me!!!!!!!!!!!!