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Is it the duty of the one who officiated my wedding to file…

Customer Question
Is it the duty...

Is it the duty of the one who officiated my wedding to file my marriage license??

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Arkansas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well we got married and our llicense has never been filed

Submitted: 5 months ago.Category: Family Law
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Answered in 5 minutes by:
11/12/2017
Family Lawyer: LegalGems, Lawyer replied 5 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 5 months ago

There is no requirement as to which party has the resonsiblity of filing the license with the court clerk other than doe 9-11-217 which requires the official to duly sign and return the license to the married couple at the time of services, and failure to comply with that requirement is a misdemeanor that may be fined $500 per occassion.

So presumably the couple has the responsiblity of filing the license although the statute does not specifically state that.

The license is to be filed within 60 days.

In Fryar v. Roberts, 346 Ark. 432, 57 S.W.3d 727 (2001), the court determined that the failure to file the license does not deem the parties unmarried; the wedding is still legally valid.

I hope this helps!

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Family Lawyer: LegalGems, Lawyer replied 5 months ago

Hello again; just checking in to see how things worked out;

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