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In 1988 I did a confidential marriage at the Los Angeles courthouse, but we never sent in the license. Is this a valid Marriage? I have not gone to Norwalk to search the records. After parting ways in 1995 I acted as if this ceremony was invalid, and have subsequently re-married. (happily, thank you).Now the ex is making noises about this situation. Says she can't marry, because we still are. I don't want to disturb my current wife.The ex was married (in Canada) when we met, and as far as I know she never divorced her first husband. Another reason I didn't think our ceremony constituted any real legal obligation to me. I only did the ceremony to provide healthcare insurance for the birth of my child. When he turned 6 she went her own way, leaving the kids with me, and didn't look back. So, how screwed am I?
Optional Information: State/Country relating to question: California Already Tried: I have spoken with the ex on the phone, told her no record of the marriage is on file (I don't actually know this, but she acknowleges we didn't send in the license). I've been very nice to her, all along. I didn't mention to her I think she's still married in Canada. I don't want to enrage her.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Welcome,It is my goal to deliver information in five-star manner. I am a licensed attorney but I am not your attorney. The law does not allow me to provide legal advice or form an attorney-client relationship on this public forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.From your description, it sounds like you are not currently married to your first "wife". A confidential marriage requires that the marriage license be returned to the County Clerk’s Office for registration by the marriage officiant. You have stated that the license was not returned.Even assuming that the confidential marriage requirements were complied with, it is only possible to be married to one person at a time. Therefore if your first "wife" was married to her husband at the time she "married" you, the 2nd marriage would be voidHave I answered your question? Please rate my service to complete our conversation or click "REPLY TO EXPERT " to continue our conversation . Please rate my help in providing you with information. Please note that this rating is specific to my service and not the site or the effects of the law on your situation. Great service allows me to keep my job and is necessary in order for me to be permitted to assist other customers If I can assist you in the future, you may contact me by starting a new page and begin your new question with "For FiveStarLaw"
Hello Keith,I'm just following up with you to see how everything is going. Did my answer provide you with the information you requested?Let me know,FiveStarLaw
I'm wondering, who is the officiant? Is it the person who performed the ceremony? Is it unusual for them to give the original to the parties and instruct them to send it in for recording? I know we had a license, had to use it officially once. Was it to be sent by us to the recorder, or am I wishfully remembering. It was a long thime ago.
Also how would I ascertain if she was properly divorced in Canada, I'd have to get a record of her marriage, and demonstrate non obtainability of her divorce record. How?
This isn't a hypothetical question. Could my attorney get access to these documents in Canada?
Maybe I'm asking too much for this forum, but I'm not sure I got my $80 worth. What I probably need is going to cost way more than that.
I am happy to answer your follow-up questionsI'm wondering, who is the officiant? Is it the person who performed the ceremony? YesIs it unusual for them to give the original to the parties and instruct them to send it in for recording? Yes the statute provides that the officiant must send the original for recordingI know we had a license, had to use it officially once. Was it to be sent by us to the recorder, or am I wishfully remembering. It was a long thime ago.The original was required to be sent for recordingAlso how would I ascertain if she was properly divorced in Canada, I'd have to get a record of her marriage, and demonstrate non obtainability of her divorce record. How?I am not familiar with Canadian lawThis isn't a hypothetical question. Could my attorney get access to these documents in Canada?Likely but I am not familiar with Canadian law – I am a US attorneyMaybe I'm asking too much for this forum, but I'm not sure I got my $80 worth. What I probably need is going to cost way more than that.Unfortunately you may need to spend several thousand dollars to resolve this matter. My purpose is to give you iinformation that you can use to take the next stepHave I answered your question? If yes, please rate my service to complete our conversation. If not, please click "REPLY TO EXPERT " to continue our conversation.Please rate my help in providing you with information. Please note that this rating is specific to my service and not the site or the effects of the law on your situation. Great service allows me to keep my job and is necessary in order for me to be permitted to assist other customersIf I can assist you in the future, you may contact me by starting a new page and begin your new question with "For FiveStarLaw"FiveStarLaw41087.0890053588
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