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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 163
Experience:  N/A
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Before my common law wife died we request to be married by a

Customer Question

before my common law wife died we request to be married by a chaplain,the chaplain did perform the service we unknowingly that there are some legal papers needed, 9 days later my com. law wife died, two days later i request an affidavit from the chaplain but denied he perform a marriage, but a blessing instead,
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: when he married us there are only three of us my wife me and the chaplain
Submitted: 2 months ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 2 months ago.

Hello. I am an attorney with over 20 years of experience and I look forward to assisting you today. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Would you please provide me with a little bit more information concerning this issue? Were you living together in California and that is why you are referring to her as your common law wife?

Expert:  Law Tutor, Esq. replied 2 months ago.

First of all, I am sorry for your loss. Common law marriage is when two people hold themselves out as being married and consider themselves to be married, but there was no official ceremony. Most states do not recognize common law marriage. California is one of the states that does not recognize common law marriage. You indicated that a chaplain performed the marriage ceremony 9 days before your wife passed away, but that there were no "legal papers" and that the chaplain denied performing the ceremony. In California, both parties must appear in person to the county clerk's office and they must bring valid photo IDs to apply for a marriage license. There is no waiting period and the license is valid for 90 days. There is no blood test required and no residency requirement. If you did not obtain a marriage license and the officiant is denying ever performing such a ceremony, then you were not legally married. I know this is not the answer you were hoping for. If you have further questions regarding this, please let me know.

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