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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My girlfriend and i have lived as "man and wife" for 35+ years,

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My girlfriend and i have lived as "man and wife" for 35+ years, the majority in Arizona. During that entire time we both have claimed we were married to each other and married in the town of Panajachel in Guatemala in 1976. We are both born American citizens and just traveled to Guatemala. We have no other connection to that country. My girlfriend's bank accounts, driver's license, and all other documents, including her current U.S. Passport are in my last name as she also claimed to them that we were married when, in fact, we have never been married.

She is now attempting to get a divorce from me in the state of Arizona where we are both residents, stating that we were married on Sept. 28, 1976 in Guatemala, and I have been served with a summons to appear for these divorce proceedings.

She is aware that we are not and never have been married to one another and she has never been married to any one. She is insisting I sign this document agreeing that we were married and to all her requests to the court. mostly property issues. I have insisted to her that I am not going to lie to the Court and agree to her perjury. She still insists that I sign this document and that she plans to go ahead with legal action against me, to wit, this sham divorce and fraud against the Court.

What legal recourse do I have to her "Divorce" complaint considering that we were never married and her perjury and subordination of perjury?

Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.


If your "wife" cannot produce some sort of legal record establishing a valid marriage then a divorce is not possible. When you wife files for divorce her complain must allege where and hen you were married. You can and must respond to the complaint that you were never married.

For a marriage to be valid in the State of Arizona it must meet 3 requirements enumerated in A.R.S. § 25-111:

  • The issuance of a valid marriage license;
  • A solemnization by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized; and
  • The solemnization must occur before the expiration of the marriage license.

If you do not fulfill these requirements you are not married. Arizona will accept a valid marriage from a foreign country. That marriage must be done in compliance with the laws in that country. Your wife would have to prove that a legal marriage was done in Guatemala.


Customer: replied 3 years ago.

Can you reply to what I can assert to the Court regarding her perjury and subordination of perjury and should I advice her attorney (who is a family friend) that we are not married and that she has intentionally and knowing and willingly lied to him as well?


Thank you.

This is not about perjury. As long as she really believes she is married she has not perjured herself. She is just wrong in her assumption. After living together as husband and wife for 35 years a court would agree that although she is not married she has not knowingly lied to the Court.


You have also claimed to have been married, you cannot get up in front of Court and say your wife lied when you have promoted the charade. It is very possible that you have committed forms of perjury, and fraud by claiming to be married during the 35 years. You have supported the fact you were married, it is likely whatever sanction the court would apply to her would be applied to you. Cut your losses, require your wife to prove you are married and move on.


You need to do is ask the Court to dismiss the divorce complaint because you are not married. The Court will then ask your wife to prove she is married or dismiss the complaint.






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