underage and therefore fraudulent marriage

[Billyb10560]

South Carolina, though this has nothing at all to do with the crazy situation I am writing about. I was married to my first wife, who was 17 in 1956. She was in foster care and her foster "Aunt" had sole custody. Her mom was institutionalized and her dad was unable to care for her and her younger sister. We both knew her dad could not legally give consent, but the clerk's office in MS did not, so we drove from her home in New Orleans to Mississippi and got married. The applicable law, which I found right here in this website states that the marriage is void if,"one spouse was underage at the time of the marriage and failed to obtain the proper consent." I was in service, stationed in Biloxi, MS, but I was a legal resident of NY.We never lived together in either MS or LA after the weddingWe divorced in 1981. She disappeared and had to be served by publication. Yesterday, I received a letter from Social Security that she needed an original marriage certificate and divorce papers. I have none, but the divorce papers would be easy to get. The marriage certificate is a different story. The courthouse where the records were kept was destroyed in either a fire or flood about 30 years ago and the records are most likely gone too. But, either way, it appears that the marriage was void, and if so SS will not pay her the spouses SS pension. Any feedback would be appreciated.What is the name of your state?

[Ohiogal]

Originally Posted by Billyb10560

South Carolina, though this has nothing at all to do with the crazy situation I am writing about. I was married to my first wife, who was 17 in 1956. She was in foster care and her foster "Aunt" had sole custody. Her mom was institutionalized and her dad was unable to care for her and her younger sister. We both knew her dad could not legally give consent, but the clerk's office in MS did not, so we drove from her home in New Orleans to Mississippi and got married. The applicable law, which I found right here in this website states that the marriage is void if,"one spouse was underage at the time of the marriage and failed to obtain the proper consent." I was in service, stationed in Biloxi, MS, but I was a legal resident of NY.We never lived together in either MS or LA after the weddingWe divorced in 1981. She disappeared and had to be served by publication. Yesterday, I received a letter from Social Security that she needed an original marriage certificate and divorce papers. I have none, but the divorce papers would be easy to get. The marriage certificate is a different story. The courthouse where the records were kept was destroyed in either a fire or flood about 30 years ago and the records are most likely gone too. But, either way, it appears that the marriage was void, and if so SS will not pay her the spouses SS pension. Any feedback would be appreciated.What is the name of your state?

What kind of feedback do you want? What is your LEGAL question?

[HomeGuru]

[quote=Ohiogal]What kind of feedback do you want?

**A: in addition to feedback, I would like to hear some distortion, chorus, phase shifting, wah wah's and a little EQ on the side.

[Billyb10560]

I am looking for opinions of my assessment of the situation. Was I married to my ex or was the marriage void. As previously stated, I relied on the statement in bold letters that I found right here on this website, but the actual MS code indicates that the underage aspect is only grounds for annulment. It also states that if we cohabited, we sanctify the marriage. But we never did in MS.

[Zigner]

Originally Posted by Billyb10560

It also states that if we cohabited, we sanctify the marriage. But we never did in MS.

You never did ANYWHERE or never in MS?

[Billyb10560]

Never in MS itself, but now here is another question to screw things up. What about in a military base in Mississippi. That is not MS state property or territory. The jurisdictions are very clear, but it is still complicated. This was 50 years ago and I dated a lot of girls in the AF and had sex on the base, but can't recall if my ex was one of them or, if we did, was it before or after we married. This may seem like a trivial problem, but an application for Social Security benefits is in question. The courthouse where the records were kept was destroyed in either a fire or flood maybe 30 years ago and so were all of the records. I may have to swear to tell the truth and I'll be damned if I know what the truth is after 50 years.

[Ohiogal]

Originally Posted by Billyb10560

Never in MS itself, but now here is another question to screw things up. What about in a military base in Mississippi. That is not MS state property or territory. The jurisdictions are very clear, but it is still complicated. This was 50 years ago and I dated a lot of girls in the AF and had sex on the base, but can't recall if my ex was one of them or, if we did, was it before or after we married. This may seem like a trivial problem, but an application for Social Security benefits is in question. The courthouse where the records were kept was destroyed in either a fire or flood maybe 30 years ago and so were all of the records. I may have to swear to tell the truth and I'll be damned if I know what the truth is after 50 years.

let me make this simple. You got a divorce. hence you were married.

[Ohiogal]

[quote=HomeGuru]

Originally Posted by Ohiogal

What kind of feedback do you want?

**A: in addition to feedback, I would like to hear some distortion, chorus, phase shifting, wah wah's and a little EQ on the side.

How about do re mi? Or bom bom ba do bom ba dom bam boom

[rmet4nzkx]

You were married for 25 years then divorced, she is entitled to SSA benefits if she didn't remarry, she may be entitled to more.

[tigger22472]

Originally Posted by Ohiogal

let me make this simple. You got a divorce. hence you were married.

Ok.. that's what I thought but didn't post so I'll ask you here. Doesn't the fact that they got divorced in a court of law in fact validate the marriage even if it was on fraudlent grounds in the beginning? I never saw a clear cut answer as to where they resided throughout the marriage (to check out common law marriage laws from the states and when they abolished them).

[Ohiogal]

Originally Posted by tigger22472

Ok.. that's what I thought but didn't post so I'll ask you here. Doesn't the fact that they got divorced in a court of law in fact validate the marriage even if it was on fraudlent grounds in the beginning? I never saw a clear cut answer as to where they resided throughout the marriage (to check out common law marriage laws from the states and when they abolished them).

Yep. This marriage was validated by the government. The marriage was not voided. It could have been but wasn't. They lived together as man and wife and it took a government action (the divorce proceeding) to separate them legally. Hence there was governmental recognition of the marriage. not to mention the man and woman both recognized it as a marriage to the point that they went through the trouble of getting a divorce in order to end the relationship. You could go a lot further into it but quite simply because they got a divorce they were married.

[tigger22472]

Originally Posted by Ohiogal

Yep. This marriage was validated by the government. The marriage was not voided. It could have been but wasn't. They lived together as man and wife and it took a government action (the divorce proceeding) to separate them legally. Hence there was governmental recognition of the marriage. not to mention the man and woman both recognized it as a marriage to the point that they went through the trouble of getting a divorce in order to end the relationship. You could go a lot further into it but quite simply because they got a divorce they were married.

k.. TY.. that is what I thought.