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Roger, Attorney
Category: Family Law
Satisfied Customers: 31768
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I got my marriage licence in Lafayette, La., however we were

Customer Question

I got my marriage licence in Lafayette, La., however we were married in the state of Mississippi.Because of that the marriage is invalid. I only learned this information in 2011. I believe the woman I thought I was married to was told this when she filed the papers in St. Landry Parish. There is a record of the marriage, but the records indicate it is not a valid marriage because we did it in a state other than Louisiana. We lived together from 2005 -2008 and then I was incarcerated for three years in federal person. Upon my release I went to a half way house and I learned of this situation just prior to my release.
I understand I need a petition signed by a judge called a "Petition For Mandamus to Cancel Recordation of Marriage License". She refuses to sign this petition. She doesn't want to be married to me but she doesn't want me to marry anyone else. Can I request the same petition without her signature and have it granted?
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm a lawyer in Mississippi. Thanks for your question. I'll be glad to assist.

IF she will not join in the petition with you to get this done, you will have to name her as a defendant and serve her with process. IF she doesn't appear or answer the petition, you can take a default without her involvement.

Customer: replied 1 year ago.
How would I go about doing this? Can I do it without hiring an attorney?
Expert:  Roger replied 1 year ago.

You're probably going to need some assistance from a local legal aid office if you don't hire an attorney....but it's likely going to take some legal help unless the court has forms (which is not likely).