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Questions about Marriage License Laws

If a marriage license has been signed but not recorded or filed before it expired, is the marriage valid?

If a marriage license was not recorded or filed, the best course of action is to present a letter to the city clerk stating when and where the ceremony occurred. You or your spouse will be asked to complete a Duplicate Marriage License Affidavit. You may also be required to pay a fee for the duplicate license. Finally, you may need to have all of the parties who signed the original Marriage License fill out the Duplicate Marriage License. Regardless of whether it was filed, legally you are married. You just need to formalize the marriage and notify the authorities about the marriage through a Duplicate Marriage License Affidavit.

How can an incarcerated person get a marriage license?

To obtain a marriage license for a prisoner, an approval of the marriage from the prison warden is usually necessary. Failing to get this approval from the prison warden to perform a wedding, you may have to wait until the prisoner is released to apply for the marriage license. Generally, if you meet the basic requirements to be married, then the prisoner can request a marriage packet from a prison supervisor. It would then be at the discretion of the prison supervisor or warden whether or not to grant permission for the marriage. The marriage packet will include most of the paperwork needed to pursue the marriage. The documents will need to be filled out by both you and the inmate you intend to marry. You will also be expected to pay a paperwork fee that should be included with the application. The marriage packet should also include the steps needed in order to pursue a marriage at that particular prison. The prison should provide you with the appropriate documentation in order to obtain your marriage license.

If an Ohio marriage license is 2 days expired at the time of the wedding, is the marriage legal? If not how does one retain her original name?

Ohio Revised Code § 3101.07: “No marriage license shall be effective nor shall it authorize the performance of a marriage ceremony after the expiration of sixty days from the date of issuance.” This provision is printed on each license in prominent type. So if the marriage license falls in this time frame, the marriage should be legal and binding. Different states have different provisions with regard to an expired marriage license. You can ask a Lawyer on JustAnswer about the legality of an expired marriage license in your state and how you could retain your original name.

If a California marriage license is not signed by both parties is it a valid marriage?

In CA, a marriage license must be signed by both parties to be recognized by the state. So if the marriage license is not signed by both parties, it would technically be invalid. However, there is always room for error and the state could, by mistake, recognize the invalid license. You should consider contacting the licensing division to make sure. In the off-chance that there has been an error by the state, you may need to get a court to officially recognize the license as being invalid.

Is it legal for first cousins to marry in Louisiana? If first cousins are married in another state, does Louisiana accept the marriage?

Marriage between first cousins is not considered legal in Louisiana and they will normally not issue a license for a marriage between first cousins. However if you are legally married in another state that recognizes a marriage between first cousins and then decide to move back to Louisiana and file for divorce, the marriage would be recognized and you would be granted a divorce in Louisiana.

Marriage law varies from state to state and country to country. When you want to get a marriage license, it is in your best interest to be familiar with the provisions of the marriage law in the state as it applies to you. If you have questions regarding marriage laws in different states, the Family Lawyers on JustAnswer can help answer your questions.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9157
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Marriage License Questions

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    I have a New Jersey Domestic Partnership and I now live in Colorado. If I want to get married to someone in Colorado, must I terminate my domestic partnership? (New Jersey Domestic Partnership is distinct from New Jersey Civil Union, which is for all intents and purposes marriage).
  • Hello, I am a US Citizen living in Kuwait. My fiance also

    Hello,
    I am a US Citizen living in Kuwait. My fiance also lives in Kuwait but is a Syrian national. We want to apply for the fiance visa but the embassy website states he needs his birth certificate or certified copy...the consular web site does not list the birth certificate as a requirement. He does have this document and because Syria is in the midst of a civil war there is no way for him to obtain this document as traveling to the country would put in harms way.
    Pennsylvania only requires a passport OR birth certificate plus another "acceptable" form of ID.
    So my question is two parts: Can you please tell me how we can get a waiver for the birth certificate for the fiance interview with the consular, or if the birth certificate is even required. Can you tell me what other form of ID would be acceptable in addition to the passport in Pennsylvania for a foreign natinoal, such as the fiance visa.
    Thank you so much, I am struggling to find answers here and time is running out.
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