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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1346
Experience:  I am well equipped to handle any family law problem you might have.
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I got married in Utah in 1975 but failed to return the marriage

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I got married in Utah in 1975 but failed to return the marriage certificate to the county clerk. What do I need to do to get a valid certificate of marriage?

meigs004 :

Hello, how are you today?

meigs004 :

That is a very interesting question. Did the officiant not return the certificate to the clerk for you?

meigs004 :

Section 11 Return of license after ceremony -- Failure -- Penalty.
30-1-11. Return of license after ceremony -- Failure -- Penalty.


The person solemnizing the marriage shall within 30 days thereafter return the license to the clerk of the county whence it issued, with a certificate of the marriage over his signature, giving the date and place of celebration and the names of two or more witnesses present at the marriage. For failure to make such return he shall be guilty of a misdemeanor.

meigs004 :

If I were you, I would simply mail in the certificate to get a valid certificate, and see if they assess a monetary penalty against you. However, the burden to turn in the certificate is on the officiant.

Customer:

Correct the officiant did not return the certificate. For whatever reason I found it years later in my possession.

meigs004 :

I understand. I would simply turn the certificate in, and seek to register it, and get a valid certificate.

meigs004 :

Are you still there?

meigs004 :

There is no dispute as to whether the marriage is valid correct?

Customer:

there is no dispute

meigs004 :

I understand. If I were you I would simply send it in and seek to record the certificate. If that will not work, you can file an action with the court to validate the marriage.

meigs004 :

Action To Determine Validity Of Marriage — Judgment Of Validity Or Annulment


When there is doubt as to the validity of a marriage, either party may, in a court of equity in a county where either party is domiciled, demand its avoidance or affirmance, but when one of the parties was under the age of consent at the time of the marriage, the other party, being of proper age, shall have no such proceeding for that cause against the party under age. The judgment in the action shall either declare the marriage valid or annulled and shall be conclusive upon all persons concerned with the marriage.
meigs004 :

I doubt you would have to do that, but you can if they give you a hassle.

meigs004 :

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