#MarriageDilemma #DivorceAdvice #LegalMarriage #NJMarriageLaw
Hey everyone! I need some advice on a tricky situation regarding my marriage. Here are the details:
– Had a religious ceremony in 2018 with my then boyfriend
– Marriage certificate was never submitted to the court
– Check used to pay for the certificate bounced
– Ex-husband was physically abusive
– Left him five years ago and now in a loving relationship
So here’s the big question: Do I need to go through a divorce if the marriage was never officially recorded? 🤔
I’m not sure what steps to take next. Any insights or suggestions would be greatly appreciated! Thank you in advance for your help! 🙏 #LegalAdvice #MarriageQuestions #RelationshipDilemma
I dont see why you need to contact the ex, I would contact the office that maintains state records and see if they think you are married. Thats the opinion that matters
This issue can actually be pretty complicated. I don’t practice in NJ, but started often have laws that may find you to be married if you had a public ceremony announcing your intent to marry or held yourself out in public as married for a certain period of time (common law marriage). It’s worth retaining a family law attorney to help you navigate this. The NJ state bar association may have free or low cost clinics that could help you sort out this issue.
When you got that marriage certificate that was never submitted, was it from somewhere in New Jersey? If so, it looks like you can request a “No record of marriage statement.” This page has all the info: https://www.nj.gov/health/vital/order-vital/no-record-of-marriage/
ETA: your ex doesn’t need to be involved AT ALL. This process searches for any (governmental, not religious) marriage records with your name on them. If they don’t find any — and they likely will not, since the certificate was never submitted — you get back a fancy legal document that says you’re free to marry.
Religious ceremony — The turning in of the paperwork here is handled by the religious officiant. Are you sure what you found is the official paperwork and not a copy?
Never were married
NAL but you may also need to check your tax returns if they were filed jointly.
Curious how you have been filing taxes? Are you filing as single or married filing separately? Did you ever file as married filing jointly? Ask your lawyer if you need to amend any of your previous returns
What about things like taxes?
New Jersey requires a marriage license to *obtained*, but failure to return a marriage certificate generally has no effect on the validity of the marriage. You get married at the time the wedding is celebrated, not when the completed certificate is submitted. Unless there was some other potential problem, what you describe here gives no reason to think you’re not legally married.
You could be if you files taxes as married. My cousin didn’t turn her marriage paperwork in but because they did taxes as married she had to get a divorce
You “may” be married, common law.
Did you live together?
Act married and tell people you were married?
Use his last name, especially on legal documents?
File joint taxes as married?
It varies from state to state. There was a couple that were our friends (1990s). They were 60s/70s hippies living in a communal house in Great Barrington MA. Over the years, everyone else left. They assumed ownership of the house. They were “together”, had rings, used same last name and had 4 kids (over 20 years). At some point, he inherited $800K and decided he was “never really married” and split. She eventually found him and the court found they were common law married.
So check your state laws on common law marriage.
Check your marital status with your Home Affairs office (or whatever the US equivalent is)
If you’re in the US, look up the counties clerk of court records. It’ll tell you if you’re married.
I would reach out to the court clerk or appropriate state agency that would be able to look up and see if you’re legally married.
If I understand correctly you did not get the license because the check bounced. If so, I believe you aren’t legally married.
Just check with the office that you would have applied with and then go talk to an attorney.
1.I’m more concerned your $30 check was returned.
2. It’s not a honor to turn in your marriage certificate. It’s lazy!
Gotta love that lazy brother <3
I think the bounced check and the failure to return the marriage license are administrative defects that do not invalidate the marriage.
There is no statue saying that a marriage is invalid due to administrative defects.
You don’t want to blow this off with wishful thinking because if you ever hit the Powerball and a court later determines that the original marriage was valid, guess what happens to the Powerball winnings?
I would file for divorce.
No. If they don’t have the certificate, you aren’t married. And your ex can claim you are “common law” if he wants to fight a battle in court for 1/2 your assets.
But, other than that he doesn’t really have a case.
Make sure you are in possession of or destroy the paperwork you found. Your ex might be able cause trouble if he goes to turn it in later.
If nothing was filed at the court then it was a religious marriage only and not a legal one. You should be fine. If you want to be doubly certain, you could check with town hall.
You aren’t married. It is as simple as that. I don’t think you need to do anything.