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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11635
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I was married one month ago in Massachusetts, where I am not

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I was married one month ago in Massachusetts, where I am not a resident, in order to bring my ceremony close to my father. My stepmother is a town clerk, and she offered to do our marriage license for us. After the ceremony, the officiant gave the only copy of the marriage certificate to my stepmother and did not keep a copy. After about ten days, I began asking what the process was to get our certificate back. She sent the original off to Vital Records to be filed, and told me "that it will be sent back when it is sent back", and refused to give me any timeframe for return (a week? a month?).

I let her and my father know I was disappointed in this answer, as we have some international travel planned, and my name has to be the same on the plane ticket as on my passport and visa, and I need to know how long it will take. Also, I am becoming a realtor this fall, and printing marketing materials, and it is important that my legal name is XXXXX XXXXX marketing materials because of the licensing requirements.

I called two town clerks in the region where I was married, as well as Vital Records in Massachusetts to find out more about the process. Each clerk said that they may hand a couple a copy of the marriage certificate as soon as they receive it back from the officiant, and the only wait would be if it needed to be mailed. Vital Records, where my certificate was sent from filing, said that we cannot pay them for a copy for three to six months.

My stepmother, after sending a nasty very personal email to me, eventually responded to one of my husband's emails, saying that she has deep legal concerns about releasing the marriage certificate to us without getting it back from Vital Records, with some kind of number attached to it. I confirmed with Vital Records that nothing gets sent back to the town clerk and the release of the marriage certificate is entirely up to the procedures adopted by the town clerk. The lady I spoke with offered to review everything and gave me her fax number, which we passed onto my stepmother, more than once, with zero response.

Eventually, I believe family pressure got to her, and she mailed a copy of the marriage certificate to us, with a very hastily scrawled address on the envelope, to the wrong name (addressing us both with my maiden name), with no return address. Inside, the certificate had the wrong birthday, and had an unsigned affidavit for the town clerk to sign at the bottom. I called Vital Records again, and was advised not to try to get the name changed on my passport with a wrong birthday. Vital Records asked that my stepmother file a Notice to Amend due to clerical error. The offer to review the situation was reiterated, and again ignored. In response to a couple of emails from my husband, she advised him that she was just going to write a new one and have the minister sign it again, to be mailed out on Monday. We have still received nothing.

The problem to me seems to be either blatant ignorance of procedure (for which she has a public duty to understand and implement) or malicious intent. I did read the Massachusetts Conflict of Interest Law relating to public employees, and there is a section about public employees being influenced in their capacity by outside parties. Also, though I can't get a straight answer on what the policy of The Town of Alford, MA is it certainly seems as though this behavior does not fit a regional standard, and not being aware of filing procedures, as the town clerk, seems like negligence. Because my stepmother refuses to even tell us a timeframe when we will have it, it is impossible for us to plan travel or plan my new business, and its highly inconvenient.

My questions are:

Should we consider suing the Town? Could we sue the clerk individually, both for our marriage certificate and expenses relating to litigation?

Should I file an ethics complaint?

Should I write to the town's selectmen?

If there are any more inconsistencies or clerical errors that prevent us from obtaining a usable marriage certificate, can we void what we have and have another tiny wedding in New York, where we reside, with a new officiant and a new certificate?
Submitted: 1 year ago.
Category: Legal
Expert:  Andrea, Esq. replied 1 year ago.

Hi, my name is XXXXX XXXXX I will be assisting you. If I have not answered your question, please let me know and I will be glad to explain further.

 

I am sorry t hear about your difficult situation,

 

In Answer to your questions,

 

1. You can sue the clerk individually, and the Town as her employer because an employer is responsible for the acts of its employees. As for Attorneys' fees, it would be up to the Judge's discretion, but if you showed that her acts were deliberate and intentional, you would make a good case for being awarded Attorneys' fees and costs of filing suit;

 

2. & 3. Filing an ethics Complaint and writing to the Town's Selectmen would be a purely personal decision. Although you have every right to do both, if you do not feel it will not affect your relationship with your father, then by all means, take those steps;

 

4. You cannot "void" a Marriage Certificate if it is filed with the State. You can however, obtain a Marriage License in New York and get married in New York and get a new Marriage Certificate

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,



If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11635
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the information. It seems like I can contact a town clerk this week to file for a new license. I will probably file an ethics complaint as well, if the situation doesn't get resolved this week. We just want to be married. Thank you for your advice!
Expert:  Andrea, Esq. replied 1 year ago.

You are very welcome,

 

Please do not forget to rate my service to you. It will not cost you anything additional, but it is the only way I receive credit for assisting you. Thank you for understanding,

 

 

ANDREA

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