Am I legally married?

What is the name of your state? California

I got married on June 1. My husband (is he?) received the final divorce paper from his previous marriage and it was dated July 18. He had signed the initial paper back in 2001, and she was supposed to send it in with both of their signatures. I guess she procrastinated, and didn't send it in until she was ready to re-marry a few months ago. He had no idea that he was still married. Do we have to go through the whole thing of obtaining a marriage license again? Also, can he get in trouble for this? If we do have to apply for a license again, do we tell the court our situation?

I would appreciate any help at all...Thanks!

melissa200 said:

What is the name of your state? California

I got married on June 1. My husband (is he?) received the final divorce paper from his previous marriage and it was dated July 18. He had signed the initial paper back in 2001, and she was supposed to send it in with both of their signatures. I guess she procrastinated, and didn't send it in until she was ready to re-marry a few months ago. He had no idea that he was still married. Do we have to go through the whole thing of obtaining a marriage license again? Also, can he get in trouble for this? If we do have to apply for a license again, do we tell the court our situation?

I would appreciate any help at all...Thanks!

Click to expand...

My response:

"Oh, Lucy - - you got some "splaining" to do !"

Boy, oh, boy. Another fine mess you've gotten us into, Stanley."

No, you're marriage is void. California doesn't recognize bigamous marriages. On the application for Marriage License, your "husband" swore, under penalty of perjury, that at the moment of signing the application, that he wasn't married. He lied.

When you go to reapply for a license, the clerk will enter the names into the computer, and lo and behold, the computer will start flashing RED, telling the clerk that an application between the two of you was already signed, and that there's a matching Certificate of Marriage already filed by the Clergyperson that matches the Application.

Immediately, the Clerk will immediately get goose bumps on the back of her neck, and look at the two of you with those steely eyes, and say, "No way, Jose - - but I will make you an appointment to speak with the District Attorney's office about this little hiccup."

But, that's not the end of the story. Remember, that original marriage paperwork of yours and his is still on file, and still in the system. Therefore, one of you must file for an annulment of your marriage in order to nullify that paperwork. Then, once that's granted, you can get married - - legally.

Good luck.

IAAL

Okay, one more thing, why do they issue a marriage certificate when one person is already married? Doesn't that pop up when they process the certificate?

Another thing, when we get it annulled, will they recognize that it's void, and will he be in legal trouble?

Thanks a lot!