If for some reason you don`t, you`re still married in the eyes of the law. Accidental failure to register the marriage certificate is considered a technical error and does not invalidate a marriage. If you firmly believe that you will get married, the law says that intangible irregularities like these would not invalidate your marriage. Marriage is a contract between you and another person, rather than just an emotional or religious obligation. You must obtain, complete and register a marriage certificate to formalize this contract. Marriage is not simply a religious or emotional obligation. In many ways, it is a contract between you, another person, and the state. To formalize this contract, you must obtain a marriage certificate, duly completed and registered. This is because there are a number of legal benefits associated with marriage. You and your spouse are treated differently and are entitled to certain rights and privileges that individuals do not have. For example, as a legal spouse, you have the right to file your taxes together, which can give you a financial benefit.
Read more: What is the purpose of a marriage certificate? This license must be signed by you and your spouse as well as by the official, and it is the part of the marriage that makes you husband and wife in the eyes of the law. This shows that you had the official who presided over the ceremony in front of at least one witness, and that you both agreed to enter into the marriage. 3. If you have a wedding ceremony in California and have applied for a marriage license, you are probably married under California family law, even if you don`t send that license to the county. Indeed, there is at least one family law case that states that the registration of a marriage certificate is not essential to the validity of a marriage. In 2011, an appeals court found that parties who had filed a marriage certificate for registration after marriage in 1991, which had been rejected twice due to technical defects and not refiled, and who had married in a new ceremony about 10 years later, had been married for 17 years at the time of the dissolution of their marriage in 2008. In re Marriage of Cantarella (2011) 191 C.A. 4th 916, 923.
There are two types of marriage licenses commonly issued in California: the public marriage license and the confidential marriage license. You will need to present your government-issued ID to the county official, along with proof that you are old enough to marry or have your parents` consent, and proof that you are divorced, widowed, or not yet married to receive your marriage license. This license is proof that you can legally get married. You will then receive your marriage certificate. But let`s say your official doesn`t send the marriage certificate for some reason, or misses a step in the process? Does this mean you`re not legally married? Generally not, but it depends on the laws of the state. Victoria E. Langley is a legal writer living in the Pacific Northwest. She holds a B.A. in philosophy from Northern Illinois University and a J.D. from John Marshall Law School in Chicago. She has worked as an employee for a counterfeiting law firm, as a corporate document auditor and as legal counsel for a transactional law clinic. Today, she focuses on translating legal language into everyday language for businesses across the country.
His work has been published in the U.S. News Law Directory and on numerous law firm websites. Read more on their website, langleylegalwriter.com In most cases, you are still considered married without registering the license. For example, California law requires the agent to return the marriage certificate to the clerk or county clerk within 10 days of the ceremony. If for some reason this does not happen, you are still married. Accidentally failing to register your marriage certificate is a technical defect that does not invalidate your marriage. According to Wisconsin law, intangible irregularities do not invalidate a marriage if it was entered into with the full belief that you would get married. I can`t find my certified copy and the state of California takes forever to find it. But I divorced my spouse in 1983 and he was filed, which meant my marriage had to be legally registered, right? Can`t divorce unless you`re legally married? You must obtain the marriage certificate from a district official, for whom you will need to provide proof of identity. that you are of legal age to marry (or that you have parental consent); that you have never been married; or you are divorced. By obtaining a marriage certificate, you prove that you have the legal right to marry.
Did you get any answers? I have a similar dilemma. I have copies of the divorce decree, but California Vital Records came back with “No Record Found” for my marriage certificate. In 1977, I was under the influence of drugs and these guys say we got married in a chapel. Hall of Records says they checked 1907. “to present. No such record in the folder. Can I go back to my maiden name? I haven`t seen the guy since the 70s. I submit documents for the legal name change. Is it legal? Yes, in most cases, even if you had a technical defect in your marriage certificate, you are legally married under California family law.
Cali Officiants provides legal marriage services, runaways and marriage officials in California, the San Francisco Bay Area and beyond! Many of our couples ask us for advice and help in obtaining a California marriage certificate, which we are happy to provide here as a reference. Please note that this information is true and accurate to the best of our knowledge and beliefs, and we do our best to obtain the most up-to-date information based on the law and our experience in marriage of couples. Cali Officiants is not responsible for any loss due to inaccurate or outdated information on this website – if you discover that any of our information is incorrect, please contact us and we will update our website! San Francisco County Clerk (Marriage Licenses) Online Marriage License Reservations [LINK] Marriage License Forms [LINK] 1 Dr. Carlton B. Goodlett Place, City Hall Room 168 San Francisco, CA 94102-4678 415-554-4176 Opening hours: Monday-Friday 8:00 am – 4:00 pm (San Francisco requires an appointment to get a marriage license – you can`t just show up) The importance of registering a marriage certificate depends on where you are married. Only the marriage laws and court decisions of that particular state determine whether you are legally married or not. You can also simply call the county official and ask. So if you got married and had a valid marriage license, but weren`t registered with the county official afterwards, chances are you`re legally married. However, it depends on the law of the state.