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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114029
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I first submitted the former judge to sign in February to

Customer Question

Hello I first submitted the former for the judge to sign in February to the DA office they lost it the next week I gave it to my fiances public defender I followed up every week even went to the court on my own to get the judge to sign off they waited over 6 months to give it to us I got our marriage license then they moved him to the pen the same day we were to get married we paid for a marriage license a notary everything when I walked in they knew who I was coming to see they said his last name and said he went to the pen this morning I had never seen that lady when I wrote his lawyer to say why did it it take over 5 months because on the forms they give you it should only take 4 weeks to get married he said his case had to be closed and I realize marriage is a privlage but your case does not have to be closed do we have any case against them?
Submitted: 1 year ago via USmarriagelaws.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, while this is unfair that they did not allow you to marry, legally the government has exempted themselves from liability and from being sued for anything of this nature. This is called their "statutory governmental tort immunity" and it means basically that just because they lost the forms and delayed the marriage does not mean they are liable and you cannot sue them for damages. You now need to get permission from the warden of the institution he is located at to get consent of the warden to marry.
Customer: replied 1 year ago.
I understand that and I don't even care about suing them I make enough money but at least to sound good when I email him back I know there is no law where his case had to be closed before they signed the paperwork I just wanted to confirm that. I realize he is a criminal he has done a bad thing but I have not &they treat me like that I own my house and car and do well in my company. I really think that's why they were doing that little do they know we all have demons I'm more messed up then him. I could get into it but I came from a rich family and found my my shot 4 times in the chest by her husband then I was homeless at 14. But I think they look at me look at him and think no no no
Customer: replied 1 year ago.
I've probably outdone my $35 but if you can maybe help me write a kinda smart but snotty email I would love it I can send you a copy of his
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The problem you have is the marriage is not dependent on his case being closed, but it is dependent upon the person who is in charge of the jail or prison where he is held. So the person who was in charge of the jail was holding it up and then he got moved to the prison.
Sending a snotty email will make you feel better maybe, but it would not resolve your problem and it will not make the warden of the prison be willing to help you.
What you need to do is send an email to the warden at the facility he is at and ask nicely and explain what happened and the run around you were given locally and ask him to be the one to help you get the marriage completed. That is really what you need to do here.
Customer: replied 1 year ago.
He was in the county jail and on the day we were to be married they moved him back to the pen. So it was the court system that I do pay taxes to a whole bunch he will now be transferred over 6 hours away so my marriage license will not pertain to that county and we will get married he didn't do anything so bad we won't be able to but it's just the fact there forms say it will take 4 weeks we did everything it took over 6 months $150.00 the prenuptial doesn't count and all my days off work when they said I could get the paperwork and I couldn't and people got married who's case's still are not closed but they are married
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I understand that, but it was not the court system alone, if the warden of the local jail agreed to this, he would have let it happen. However, attacking them in a snotty email would not do anything to resolve the matter and really what you want is to resolve the matter I would presume.
Customer: replied 1 year ago.
I guess you're telling me to let it go like everyone else in my life. So I will for today but it just doesn't seem OK I didn't up homeless at 14 a mom at 17 owning my own home by 25 by letting any system tell me it is what is. Everyone answers to someone
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The court answers to the State Supreme Court Judicial Review Board. The warden of the jail answers to the police chief and police board and city council. However legally, there is no legal action you can file. You can send letters of complaint to the Supreme Court Judicial Board you can send a complaint to the city council and police chief. However, these complaints, from personal experience, will only get at the most a letter of apology saying they are sorry it happened, because they know they have no civil liability for this. That is the problem.

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