ScottyMacEsq : Thank you for using JustAnswer. I am researching your issue and will respond shortly.
ScottyMacEsq : Just to be clear, she said that they already had the marriage ceremony BEFORE the application was signed?
ScottyMacEsq : Did you see my follow up question to your issue?
ScottyMacEsq : Should I continue to await your response, or may I assist the other customers that are waiting?
Customer: She gave the clerk three different dates 3/10, 3/12,and 3/13,
ScottyMacEsq : But the license issued was not actually signed by any clergy or official authorized to conduct such a ceremony, correct? Basically all she had was a license issued by the clerk?
ScottyMacEsq : Are you there? Please note that I am still here, awaiting your response.
Customer: yes, sorry got a bit confused
Customer: when she was questioned by the town clerk, she gave three different dates, 3/10, which was prior too the application, 3/12, and 3/13 the day he passed, under hospice care, no family was ever notified
Customer: Town clerk was insisting too me they are not married, however the State of Connecticut, said he has to sign it, and it is a valid marriage?, please note he was on very high doses, unable too speak, although he did say help too the town clerk..
ScottyMacEsq : Understood. It's a valid marriage license, BUT there has to be a marriage ceremony by someone authorized to conduct a ceremony, and that has to be done within 65 days AFTER the license is issued, not before.
ScottyMacEsq : Connecticut Statutes Sec. 46b-24. (Formerly Sec. 46-5a). License. Period of validity. Penalty for solemnization without license. Validity of marriage ceremony. (a) No persons may be joined in marriage in this state until both have complied with the provisions of sections 46b-24, 46b-25 and 46b-29 to 46b-33, inclusive, and have been issued a license by the registrar for the town in which the marriage is to be celebrated, which license shall bear the certification of the registrar that the persons named therein have complied with the provisions of said sections.(b) Such license, when certified by the registrar, is sufficient authority for any person authorized to perform a marriage ceremony in this state to join such persons in marriage, provided the ceremony is performed within a period of not more than sixty-five days after the date of application.(c) Anyone who joins any persons in marriage without having received such license from them shall be fined not more than one hundred dollars.(d) Except as otherwise provided in this chapter, in order to be valid in this state, a marriage ceremony shall be conducted by and in the physical presence of a person who is authorized to solemnize marriages.
ScottyMacEsq : Sec. 46b-22. (Formerly Sec. 46-3). Who may join persons in marriage. Penalty for unauthorized performance. (a) Persons authorized to solemnize marriages in this state include (1) all judges and retired judges, either elected or appointed, including federal judges and judges of other states who may legally join persons in marriage in their jurisdictions, (2) family support magistrates, state referees and justices of the peace who are appointed in Connecticut, and (3) all ordained or licensed members of the clergy, belonging to this state or any other state, as long as they continue in the work of the ministry. All marriages solemnized according to the forms and usages of any religious denomination in this state, including marriages witnessed by a duly constituted Spiritual Assembly of the Baha’is, are valid. All marriages attempted to be celebrated by any other person are void.(b) No public official legally authorized to issue marriage licenses may join persons in marriage under authority of a license issued by himself, or his assistant or deputy; nor may any such assistant or deputy join persons in marriage under authority of a license issued by such public official.(c) Any person violating any provision of this section shall be fined not more than fifty dollars.
ScottyMacEsq : So the clerk could not conduct a ceremony. Only judges, magistrates, justices of the peace, and any ordained member of the clergy could conduct such a ceremony.
ScottyMacEsq : If there's no ceremony and no signature by the officiant, there's no marriage.
ScottyMacEsq : The marriage license would expire without that ceremony.
ScottyMacEsq : Now that being said, it's possible that the state is thinking that there was a ceremony AFTER the license being signed.
ScottyMacEsq : But if there was none or there was one before, that would not count.
ScottyMacEsq : If this pertains to benefits, etc... it might be required to get an attorney involved that handles probate matters. That being said, you need to contact an attorney in your area that deals with probate cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
ScottyMacEsq : As for whether a clerk can do this, there's nothing in the law that says it has to be in the clerk's office or during regular hours.
Customer: There is a Justice of the Peace, whom was friends with the girlfriend, and went along, with the changing of dates, which the letter from the State said exactly what you said, 100.00 fine, this seems sureal too me, .
ScottyMacEsq : The law merely says that the couple has to appear before the clerk and sign the application.
ScottyMacEsq : As for him being on meds, that could invalidate anything that was signed.
Customer: he couldn't sign, she held his hand on the pen, as told too me by the Town Clerk, where as when he seen his condition, he in my opinion should have walked out of the hospital room.
Customer: so apparently, it lookslike this has too be determined by the Courts,
ScottyMacEsq : IF the justice of the peace conducted a "ceremony" that might make things more difficult. The reason is that the requirements for a marriage would ostensibly be met, but the testimony of the clerk in that it was not voluntary and that she signed it, then there would be a very good argument that it would be voidable.
ScottyMacEsq : Like I said above, I would contact an attorney in the area, as this certainly seems shady.
ScottyMacEsq : I don't think that there would be any liability on the clerk, although the clerk can testify as to the situation.
ScottyMacEsq : (again, there's nothing that says a clerk can't do this)
Customer: Thank you, XXXXX XXXXX going too an Attorney on Monday, his attorney even backed out, because it is that shady, much more damage was done as too what i have told you in financial matters as well, botXXXXX XXXXXne a dying man was taken advantage of.
ScottyMacEsq : I understand. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Customer: Thank you! yes i will give you a great rating, basically i needed too hear confirmation, that i am proceeding in the right direction.