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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37947
Experience:  Retired (mostly)
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I plan on getting married soon to my first ex husband. The

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I plan on getting married soon to my first ex husband. The problem is, i was married in between the break up, but am legally divorced from the second man now. My question is, if im legally divorced, but only disclose the first marriage, and not the second, will the clerk check this at the time i file? Will i be found out right away? And even if not right away, can i be arrested for this? The marriage will prob take place in a different state from the previous two. Would they have my records in another state? Any info would help. Thanks.
Clerks don't check prior marriages, unless the licenses were procured in the same county.

Even though the license is signed under penalty of perjury, it's not likely that the DA would give this a second thought. Your not a bigamist. You didn't disclose a former marriage and that's trivial.

Even so, as an officer of the court, I cannot encourage you to misrepresent yourself on the marriage license application. But, the chances that anything substantive would happen to you are extremely small. Probably as small as winning the PowerBall lottery.

Re other states, the answer is unequivocally "no." States barely have marriage info between counties -- much less any info between state jurisdictions.

Hope this helps.
Customer: replied 3 years ago.
Thanks for info. One more question...if i got married in a state that required a waiting period to pick up license, why do states have that waiting period, and in my situation i described, would they find out if i didnt disclose the second marriage during waiting period?
why do states have that waiting period, and in my situation i described, would they find out if i didnt disclose the second marriage during waiting period?

A: States require a waiting period to make sure that the persons seeking to marry actually want to do so. People who get married in a big hurry find themselves looking for an annulment the next day. This makes for great humor in the movies, but in real life it's a costly mess and it clogs up the court system with a lot of unnecessary legal action.

The states do not create waiting periods so that they can check the marriage license.

Hope this helps.
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