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I reside in Ohio. I thought I was divorced in Ohio. I

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obtained marriage license in Arizona...
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: 11 months ago.Category: Family Law
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9/6/2017
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,828
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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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

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Family Lawyer: FamilyAnswer, Lawyer replied 11 months 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.

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Customer reply replied 11 months 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?
Family Lawyer: FamilyAnswer, Lawyer replied 11 months ago

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

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Customer reply replied 11 months 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
Family Lawyer: FamilyAnswer, Lawyer replied 11 months 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.

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Customer reply replied 11 months 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 reply replied 11 months ago
APPLY BEING THE KEY QUESTION
Family Lawyer: FamilyAnswer, Lawyer replied 11 months 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.

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Family Lawyer: FamilyAnswer, Lawyer replied 11 months 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!

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