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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 4174
Experience:  30 years of experience
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I got married 3 years ago the marriage license was never

Customer Question

I got married 3 years ago the marriage license was never filed the officiant went into the hospital. I ended up obtaining the
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I got married three years ago the officient had a stroke and heart attack and the license never got filed. She eventuslly mailed it to me and I sent it to the wrong place and it came back to me. I have lost the license and believe it could have got destroyed during a flood. I am separated and no longer want the marriage in the state of NJ am I legally married?
JA: Has anything been filed or reported?
Customer: No it has not.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 8 months ago.
Category: Family Law
Expert:  Gerald-Esquire replied 8 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 8 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I understand that you do not wish to be married. Technically you are actually married, but the State does not have the proper record of it. That could be remedied by the filing of a delayed marriage certificate.

The State of New Jersey provides the following information about this type of situation:

When a marriage license is not files a delayed report of marriage, may be filed. 1) An application requesting the marriage certificate is made to ensure the record is not on file. 2) A marriage which occurred within the last seven years and where there is documentary proof a late marriage can be recorded. 3) If the marriage license application is not available, then a court order must be obtained directing the State Bureau of Vital Statistics and Registration to place the marriage on file as a delayed record. The Record Modification unit at 1-***-***-**** extension 581 has additional information.

Now because you do not want to be married you may be better off filing for an Annulment. An annulment is a determination by the court that the purported marriage never legally took place. Rather than a divorce it is as if the marriage never took place.

You may wonder why you should bother since there is no record of the marriage filed with the state, The problem is that if you do not take steps to make sure the marriage is legally ended you could inadvertently find yourself with more difficulty later on. Your ex could file for the late recording without you knowing and you could wind up as an inadvertent bigamist (if you married later) or a claim to your assets could be made by your ex (imagine if you hit the lottery).

So to be safe you may wish to file for the annullment.

See:

http://www.judiciary.state.nj.us/forms.html

https://www.judiciary.state.nj.us/prose/

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald