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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9312
Experience:  since 1983
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7 years ago I got married to a Canadian in Guatemala. I live

Customer Question

7 years ago I got married to a Canadian in Guatemala. I live in Texas. When we married we had a guatemalan lawyer do the civil service. But, this lawyer did not have any witnesses present at the wedding to testify to the proceedings. Is the marriage legal without witnesses present. To complicate matters, later I learned this lawyer had two signatures of unknown people sign that they were present as witnesses when they were not. So, is this fraudulant wedding valid
Submitted: 1 year ago.
Category: Family Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

Is the marriage registered with the Office of the Civil Registry?

Did you publish a notice for 2 weeks prior to the ceremony? See

http://guatemala.usembassy.gov/acs_marriage_guatemala.html

Have you held yourselves out as married in Texas? Do you both live there, or have you both ever lived there as spouses?

Customer: replied 1 year ago.
it was registered in the registry by the lawyer who married us without witnesses.Yes the notice was in the paper for two weeks. The marriage lasted 1 year in Guatemala. Neither ofus have lived together as married in Texas or anywhere in the USA or Canada.By the way, the Guatemala Registry references a FOLIO or file number and the lawyer who married us cannot find the file to produce the documents of marriage. Also the Lawyers name in tje registry is spelled incorrectly. All very strange yet I am told in Guatemala we are in fact married and it is valid around the world
Customer: replied 1 year ago.
Oh yes, one more thing. Neither the Canadian Embassy or the USA Emnassy in Guatemala were informed of this marriage before or after the civil service.
Customer: replied 1 year ago.
We did not live together for 3 years in Guatemela or anywhere in the USA or Canada
Customer: replied 1 year ago.
We did not live together for 3 years prior to the civil ceremony
Expert:  N Cal Attorney replied 1 year ago.

Thank you.

Guatemala allows lawyers to perform marriages, and does not require witnesses. Since it was registered in the registry and the notice was published, my opinion is that you are legally married.

I am sorry this is not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to give you my honest opinion.

You can get divorced in Texas if you have lived there for 6 months, see

http://www.divorcesource.com/ds/texas/texas-divorce-laws-717.shtml

You can get a free consultation from some of the attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

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