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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I reside in Ohio. I thought I was divorced in Ohio. I

Customer Question

I reside in Ohio. I thought I was divorced in Ohio. I obtained marriage license in Arizona and had a ceremony but the licence was never registered with the court house did I commit a crime and can I be prosecuted?
Submitted: 1 month ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 1 month ago.

If it was never recorded, there would be no record of it and if the time to do so has passed, it may not be valid. Moreover, if you were never divorced, you would now need to do so, as you can not be legally married to two people at the same time. As such, you likely need to handle the issue in Ohio or file wherever you or your spouse live and then you can proceed an obtain a new marriage and have it executed and recorded.

Customer: replied 1 month ago.
but I need to know is that even though I am not divorced and applied for a marriage license in another state is this illegal?
Expert:  FamilyAnswer replied 1 month ago.

I do not think you would be criminally prosecuted, if you had reasonable belief you were divorced in Ohio.

Customer: replied 1 month ago.
IT WAS NEVER REGISTERED WITH THE COURT HOUSE IN ARIZONA AFTER THE CEREMONY. I DESTROYED THE DOCUMENT AFTER I FOUND OUT I WAS NOT DIVORCED IN OHIO. THE ONLY THING ON FILE WITH THE COURT HOUSE IS THE APPLICATION/LICENSE
Expert:  FamilyAnswer replied 1 month ago.

Yes, I completely understand, which is why I say that you likely would not be prosecuted. You applied for it in good faith and once you discovered you were not legally divorced, you did not proceed and file it.

Customer: replied 1 month ago.
BUT MY SPECIFIC QUESITON IS....IS IT ILLEGAL TO APPLY FOR A MARRIAGE LISCENSE IN A STATE IF YOU ARE NOT LEGALLY DIVORCED...IN YOUR STATE OF RESIDENCE
Customer: replied 1 month ago.
APPLY BEING THE KEY QUESTION
Expert:  FamilyAnswer replied 1 month ago.

It would not be legal, since you can not be married to two people at the same time. What I am trying to share, is that if your concern is prosecution, that you likely will not, because of what happened after and your belief at the time, that you were legally divorced.

Expert:  FamilyAnswer replied 1 month ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!