Marital Status

[RemitAdvice]

What is the name of your state (only U.S. law)? VA/CA

Good morning. I just wanted to get y'all's thoughts on the below situation. Maybe point me in the right direction to begin my search.

In 1986 a couple residing in VA applied for and received a marriage license. Said couple then traveled to CA within the 60 day period and had a marriage ceremony performed by (I can only assume) a licensed marriage commissioner (neither are sure). Then returned to VA to file their certificate with the court.

Approx. four weeks later the newlyweds received a notice from the Clerk's Office of the County, that their marriage was not recognized. Now, after 25 years, they would like to 'dissolve' the 'marriage' and go their separate ways.

So are they married?? How do they find out for sure if a divorce is necessary? So far the couple's separation has been relatively amicable.

What are the potential ramifications, legal, financial and otherwise if they find out they are NOT married? They are no property disputes nor are there any minor children involved.

Thank you.

 

[CSO286]

Duplicate post.

What is the name of your state (only U.S. law)? VA/CA

Good morning. I just wanted to get y'all's thoughts on the below situation. Maybe point me in the right direction to begin my search.

In 1986 a couple residing in VA applied for and received a marriage license. Said couple then traveled to CA within the 60 day period and had a marriage ceremony performed by (I can only assume) a licensed marriage commissioner (neither are sure). Then returned to VA to file their certificate with the court.

Approx. four weeks later the newlyweds received a notice from the Clerk's Office of the County, that their marriage was not recognized. Now, after 25 years, they would like to 'dissolve' the 'marriage' and go their separate ways.

So are they married?? How do they find out for sure if a divorce is necessary? So far the couple's separation has been relatively amicable.

What are the potential ramifications, legal, financial and otherwise if they find out they are NOT married? They are no property disputes nor are there any minor children involved.

Thank you.

 

[RemitAdvice]

I know! I'm trying to figure out how to delete. It was an accident...

 

[mistoffolees]

What is the name of your state (only U.S. law)? VA/CA

Good morning. I just wanted to get y'all's thoughts on the below situation. Maybe point me in the right direction to begin my search.

In 1986 a couple residing in VA applied for and received a marriage license. Said couple then traveled to CA within the 60 day period and had a marriage ceremony performed by (I can only assume) a licensed marriage commissioner (neither are sure). Then returned to VA to file their certificate with the court.

Approx. four weeks later the newlyweds received a notice from the Clerk's Office of the County, that their marriage was not recognized. Now, after 25 years, they would like to 'dissolve' the 'marriage' and go their separate ways.

So are they married?? How do they find out for sure if a divorce is necessary? So far the couple's separation has been relatively amicable.

What are the potential ramifications, legal, financial and otherwise if they find out they are NOT married? They are no property disputes nor are there any minor children involved.

Thank you.

They received a notice 4 weeks later saying that the marriage was not recognized. Why did it take them 25 years to do something about it?

In any event, Virginia doesn't have common law marriage, so that's out.

Frankly, if there are no property disputes and no minor children, I would go through getting a divorce anyway. That way, there can't be any questions down the line. If they simply act like they weren't married, then one party might decide in 3 years to act like they WERE married - and create problems.

Simply write up your property division agreement, file for divorce, and submit the agreement as a stipulation. Problem solved.

 

[OHRoadwarrior]

It may be the marriage in CA was perfectly legal. VA seems to have not recognized assuming their license was used. I would seriously investigate what happened in CA.

 

[Zigner]

It may be the marriage in CA was perfectly legal. VA seems to have not recognized assuming their license was used. I would seriously investigate what happened in CA.

There was no CA marriage license. If VA didn't recognize the marriage (based on the VA license) then there's no marriage.

 

[Ohiogal]

It may be the marriage in CA was perfectly legal. VA seems to have not recognized assuming their license was used. I would seriously investigate what happened in CA.

Nope. They had a VA marriage license. The wedding had to be performed in VA in order to be valid. CA marriages would have required a CA license.

 

[OHRoadwarrior]

Nope. They had a VA marriage license. The wedding had to be performed in VA in order to be valid. CA marriages would have required a CA license.

As I said, I would seriously investigate what happened in CA. They may have obtained a CA license unknowingly.

In 1986 a couple residing in VA applied for and received a marriage license. Said couple then traveled to CA within the 60 day period and had a marriage ceremony performed by (I can only assume) a licensed marriage commissioner (neither are sure). Then returned to VA to file their certificate with the court.

 

[Zigner]

As I said, I would seriously investigate what happened in CA. They may have obtained a CA license unknowingly.

Unknowingly to who? If they got a license, they know it. It doesn't just get created by function of a marriage ceremony.

 

[OHRoadwarrior]

I'm not going to debate someones lack of knowledge. They clearly have memory issues related to the events in CA. I am simply pointing out that if they have memory issues as what occurred in CA, they may have obtained a license at the time of marriage.

Marriage License - Requirements, Procedures, and Getting Married

You can also be married in a civil ceremony in our office or you can elect to have someone of your choice appointed under our Deputy for a Day program - they are appointed as a Deputy Commissioner of Civil Marriages so they can perform your marriage ceremony.

 

[RemitAdvice]

No CA license was obtained.

I am referring to the 'licensed' official that would have performed the ceremony. Neither are sure about the credentials of the individual that performed the ceremony in CA. That is all.

 

[RemitAdvice]

So any thoughts on the potential, if any, ramifications of living together for 25 years without being married?? Weird question, but it all just seems so WRONG in my head that I'm thinking that there's a downside somewhere that I'm just not sure of.

BTW, I did contact the clerk in the VA county that the license was obtained. The clerk faxed a copy of the letter notifying the couple that the ceremony performed out of state was not done so by a VA officiator and therefore, not legal, and they needed to come in to have one of the Marriage Commissioners sign off on the certificate of marriage (i.e. official record).

 

[stealth2]

they needed to come in to have one of the Marriage Commissioners sign off on the certificate of marriage (i.e. official record).

And did they do so?

 

[RemitAdvice]

No, ma'am. They never did a thing about it. They story goes that by the time they got 'around to it' the original license had expired and they didn't immediately have the funds (i know, I know, only $30) to apply for a new one.

 

[Ohiogal]

Then they are NOT married and have a real mess unless VA recognizes common law marriage which I cannot remember off the top of my head.

ETA: Which it does not after a quick internet check. Which means that they are not married. Which means that if they have partaken of various benefits for married couples (insurance, joint tax filings, distribution of property) that they have severe legal issues. They need to consult legal counsel. Putative spouse would NOT apply as they were made aware that they are NOT married by the state.