Legally married

[Just Blue]

It is entirely possible for a couple to have a marriage license and a marriage certificate, yet not have a "legal marriage."

For example: https://law.justia.com/codes/new-york/2014/dom/article-2/5/ and https://law.justia.com/codes/new-york/2014/dom/article-2/6/

While I agree with your intent of the ^ link...it does not apply to the OP's daughter and her STBX situation. Unless of course the OP comes back and states that DD and her STBX are brother and sister...or some other crap.

 

[Zigner]

Yes, but there is no indication here that we are talking about incest or bigamy, which would be void or voidable marriages. The only indication here is that that the person performing the marriage ceremony might not have been a full fledged pastor.

It's entirely possible that such a marriage is not valid (OP should consult with an attorney.) In fact, in this case it appears that the officiant may have committed a crime in New York. I think they would need to get an annulment, but a divorce is already in process, so that is moot. In any case, the point is that your blanket statement that simply having a license and a certificate makes the marriage legal was incorrect. Perhaps you misspoke?

 

[Just Blue]

It's entirely possible that such a marriage is not valid (OP should consult with an attorney.) In fact, in this case it appears that the officiant may have committed a crime in New York. I think they would need to get an annulment, but a divorce is already in process, so that is moot. In any case, the point is that your blanket statement that simply having a license and a certificate makes the marriage legal was incorrect. Perhaps you misspoke?

Zig...The daughter is going through the divorce not OP. One must presume she (DD) is being legally advised. OP is just being a busybody over-involved parent.

 

[Zigner]

Zig...The daughter is going through the divorce not OP. One must presume she (DD) is being legally advised. OP is just being a busybody over-involved parent.

You're right. I had that in mind when I hit the first key in my response, but by the time I hit the third key, it had escaped me. It's going to be a long day...

 

[Just Blue]

You're right. I had that in mind when I hit the first key in my response, but by the time I hit the third key, it had escaped me. It's going to be a long day...

It's okay Baby...I still love you. The day is only as long as we make it... (Confusious (sp?) said that...I think...perhaps not...)

 

[lswhitney]

I am actually asking on behalf of my daughter, she is away at guard and unable to ask herself. Love hearing the banter from all the "lawyers" thanks though😉 It was a valid question and I was looking for a valid professional answer. I can assure you, anything I ask or help out with is with my daughters blessing. The paperwork has not been filed yet, she was just wondering if she needed to for the reason I initially asked. Maybe life is challenging enough without the rudeness of people whom are not educated enough to respond. I should mind my own business? Well really isn't it you who should mind yours. This is a young persons life and I do not find anything professional about many of these responses. God Bless you all and thank you for your time😊

 

[Zigner]

Despite your snippy reply, I will tell you this: Your daughter is going to need to go to court, whether it's for custody, support, divorce or annulment. As such, I believe that divorce is the easiest, fastest and cheapest way to get everything wrapped up.

 

[lswhitney]

Thank you, she has gone to court for custody, it has cost her over 4k, this would be why I'm asking. And my response may sound "snippy", but that would be from all of the unprofessional responses. No one should feel attacked on this forum for a valid legal question, it is very insensitive and rudely judgemental. I asked a valid question, and was looking for a valid response. It is not an easy thing to explain, but I thought I would try. Thank you.

 

[Zigner]

Thank you, she has gone to court for custody, it has cost her over 4k, this would be why I'm asking. And my response may sound "snippy", but that would be from all of the unprofessional responses. No one should feel attacked on this forum for a valid legal question, it is very insensitive and rudely judgemental. I asked a valid question, and was looking for a valid response. It is not an easy thing to explain, but I thought I would try. Thank you.

The point that you're missing is that this really is none of your concern, legally speaking. Don't shoot the messenger because you don't like the message.

 

[lswhitney]

It legally doesn't matter if I call a lawyer and ask the sa.e question or she does... the point is the question. My daughter would like to know if she was legally married if the wedding was officiated by a person not yet a pastor? In NYS parents are legally responsible for there children until the age of 21, she was 19 when we celebrated her marriage and it would matter to her even if they were together. It is a valid legitimate question, I'm not shooting the messenger, I'm questioning the messengers legal advise. I will just ask her lawyer. Thank you though.

 

[Zigner]

It legally doesn't matter if I call a lawyer and ask the sa.e question or she does... the point is the question. My daughter would like to know if she was legally married if the wedding was officiated by a person not yet a pastor? In NYS parents are legally responsible for there children until the age of 21, she was 19 when we celebrated her marriage and it would matter to her even if they were together. It is a valid legitimate question, I'm not shooting the messenger, I'm questioning the messengers legal advise. I will just ask her lawyer. Thank you though.

She HAS an attorney. You shouldn't be online asking questions about her case when she is already represented. SHE needs to talk to her attorney.

 

[Just Blue]

I am actually asking on behalf of my daughter, she is away at guard and unable to ask herself. Love hearing the banter from all the "lawyers" thanks though😉 It was a valid question and I was looking for a valid professional answer. I can assure you, anything I ask or help out with is with my daughters blessing. The paperwork has not been filed yet, she was just wondering if she needed to for the reason I initially asked. Maybe life is challenging enough without the rudeness of people whom are not educated enough to respond. I should mind my own business? Well really isn't it you who should mind yours. This is a young persons life and I do not find anything professional about many of these responses. God Bless you all and thank you for your time😊

Read the TOS.

On page one of the thread an attorney posted.

And you are the one to post your daughters business on the net. I and others just responded to your posting.

 

[Just Blue]

It legally doesn't matter if I call a lawyer and ask the sa.e question or she does... the point is the question. My daughter would like to know if she was legally married if the wedding was officiated by a person not yet a pastor? In NYS parents are legally responsible for there children until the age of 21, she was 19 when we celebrated her marriage and it would matter to her even if they were together. It is a valid legitimate question, I'm not shooting the messenger, I'm questioning the messengers legal advise. I will just ask her lawyer. Thank you though.

Well. If you were legally responsible for her till 21 why didn't you check out the cred's of the "pastor" when she was 19?

 

[stealth2]

It legally doesn't matter if I call a lawyer and ask the sa.e question or she does... the point is the question. My daughter would like to know if she was legally married if the wedding was officiated by a person not yet a pastor? In NYS parents are legally responsible for there children until the age of 21, she was 19 when we celebrated her marriage and it would matter to her even if they were together. It is a valid legitimate question, I'm not shooting the messenger, I'm questioning the messengers legal advise. I will just ask her lawyer. Thank you though.

Actually, Marriage is an emancipating event, dear. In NYS.

 

[not2cleverRed]

Yes, well they have a marriage license, and a marriage certificate. The "pastor" is not officially a pastor. He went to school and all, but he has never been made a "clergyman " , that won't happen until this July, he is not really a pastor. It would be like any Jo marrying them, I can't marry someone, so why can someone else without the "right" and that makes it legal? I thought it had to be officiated by a specific legalized individual.

Okay, so he hasn't been ordained yet. That does not mean that he cannot legally officiate at a wedding.

For example, according to the New York State website that I cited in a previous post, "a member of the clergy or minister who is not authorized by a governing church body but who has been chosen by a spiritual group to preside over their spiritual affairs" may officiate at a wedding.

Considering that you can legally be married in New York state by any number of people who are not members of the clergy, you are really splitting hairs. Not only don't you have to be married by a clergy person, you don't even need a house of worship for the marriage to be legal. I've even observed a town official officiate a wedding under a tree next to town hall with only 2 witnesses. Still legal.

There was a license. The clerk accepted the signature of the minister as valid. It's on the town/city records. Your daughter is married. She was over 18 at the time of marriage, so did not require your consent.

(Now if we were talking about a ship captain, that'd be another story.)