How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12217
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

In Connecticut, can a Town Clerk go up too a Hospital, where

Customer Question

In Connecticut, can a Town Clerk go up too a Hospital, where a patient is under Hospice care, and watch the girlfriend help the dying man sign a marriage application?, and the patient was given his last rights that very same night, and passed away the very next day, and the girl friend gave the Town Clerk 3 different dates, as too when a ceremony took place, when infact there was no ceremony, and now the State say's it has too be a valid marriage.
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

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.
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12217
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 7 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
ScottyMacEsq
ScottyMacEsq
3735 Satisfied Customers
Licensed Texas General Practice Attorney