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Got Married but didn't turn in paperwork

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jonesea936

Junior Member
What is the name of your state (only U.S. law)? ND
My significant other was married 7-8 years ago in the church and the woman he married didn't turn marriage license paperwork in. They are no longer together and he is wondering "is he still married" legally since he had a church wedding and paperwork was signed at that time by the minister and 2 witnesses, it just wasn't turned in ever. We contacted the clerk of court at that county office and she stated there was no record on file that he was married and after so long if they don't receive marriage license paperwork back it is eventually deleted from system. Is he still married and need to get divorced or is he free to remarry??What is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? ND
My significant other was married 7-8 years ago in the church and the woman he married didn't turn marriage license paperwork in. They are no longer together and he is wondering "is he still married" legally since he had a church wedding and paperwork was signed at that time by the minister and 2 witnesses, it just wasn't turned in ever. We contacted the clerk of court at that county office and she stated there was no record on file that he was married and after so long if they don't receive marriage license paperwork back it is eventually deleted from system. Is he still married and need to get divorced or is he free to remarry??What is the name of your state (only U.S. law)?
What state did the "marriage" occur in?

ETA: And, what state did they reside together in?
 

FlyingRon

Senior Member
Assuming the wedding took place in NoDak. The officiant (minister, whoever) who performed the ceremony is the one that is supposed to send the completed license back in in five days. It is a crime for the officiant not to do so. The paperwork given to the married couple at the time of the ceremony is only a copy for their own purposes.

If the wedding took place, he is married and will have to go through a divorce, even if it wasn't filed. The marriage was official as soon as the officiant says it was.
 

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