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Would I have pay my ex anything if it turns out I was never "legally" married?

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jjg0313

Junior Member
Would I have pay my ex anything if it turns out I was never "legally" married?

What is the name of your state (only U.S. law)? Pennsylvania
It wasn't until applying for my passport renewal that I found out my marriage license was never registered with the state. I kept my married name after my divorce because of my daughter but never changed my passport to show the change. I probably just forgot about that one. I submitted my application last month for a renewal with my married name but the court house sent a letter back saying they have no record of my marriage on file. I called & spoke to the manager. She checked by using my maiden name, married name, my ex's name & my ss# but nothing was found. She said according to the state, I was never legalled married. I wish I would've known this before paying all of that money to my atty & ex in the divorce. I owned everything so I had to pay him.
Question I have is, since I was never legally married according to the state, can I take him to court to get everything back I paid him in the divorce? It was a hefty amount of money. Since I was never legally married, then legally I shouldn't owe him anything. How could I be obligated to pay him by the law if the law doesn't recognize my marriage? I do have a letter from the court house saying there is no record of my marriag on file. That is the county we got married in & would be the place it would've been filed. So there's no mistake in the county of where it would be registered. My divorce was finalized in 2010.
Any advice is greatly appreciated!
 


stealth2

Under the Radar Member
How much are you willing to pay to see if you prevail? 'Cause I don't think you stand a chance in Hades w/o a lawyer. And even then... slim.
 

Ohiogal

Queen Bee
How much are you willing to pay to see if you prevail? 'Cause I don't think you stand a chance in Hades w/o a lawyer. And even then... slim.
She won't prevail. Why? Because of putative spouse and the fact that they both swore to the court that they were married.
 

single317dad

Senior Member
She won't prevail. Why? Because of putative spouse and the fact that they both swore to the court that they were married.
That's the ticket right there. I would add to this, that if someone highly motivated were to spend a little time searching, they'd probably find that missing record somewhere. I had to actually drive two states away and dig through the marriage book myself to find mine, because no one at the court house found it quite as important as I did. OP would look pretty silly if she went to court claiming they were never married, and the other party produced a certified marriage certificate.
 

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