I married my husband 3 years ago in NYC. We were married by the pastor of his church and we had not applied for a marriage certificate at the time we were married. About a month later, we went down to city hall and applied for the certificate (AFTER the wedding). When we got there, we found out that NY state requires a waiting period. After you've applied for the certificate, you have to wait a certain amount of time before you get married. (We married Prior to this) This made me curious...are we legally married?? ALSO...(VERY IMPORTANT), I just found out that my husband was married before. When we applied for the marriage certificate he stated NO, he was never married. Is the marriage certificate valid if he knowingly lied on it? If so, are we legally married? If he never got a divorce, is our marriage valid? For the record, things are going horrible and I want out! I'm still there because he says he'll make the divorce a nasty one. If the marriage isn't valid, can I have it annulled?
2006-07-21 08:56:14 · 21 answers · asked by Kim H 1 in Family & Relationships ➔ Marriage & Divorce
Strange, but not uncommon.
The whole which came first, the certificate or the ceremony question doesn't matter.
If he never legally divorced his first wife, you are not married. A man can not knowingly or unknowingly enter into a marriage when he is already married. (Except in Utah)
If he did get a divorce, you can still contest the legality of the marriage since he lied on the application. (Legally one lie on a document nullifies the entire document.)
Also, forget the lawyer. They charge too much to tell you the same thing you can find out on your own.
You need to find out who he was married to and ask her if they are still married. Ask to see divorce finalization documents and get copies. If she has these documents, take them to a courthouse to verify they are complete and legal. Then proceed.
2006-07-21 09:08:09 · answer #1 · answered by Katie N 4 · 2⤊ 0⤋
I would guess that you are not legally married. When a pastor marries, he must sign a certificate which had not been applied for. If you do find out this information is incorrect, you can get the marriage annulled because he lied on the application. No, you are not legally married if he never filed for a divorce and actually he can be prosecuted for bigamy. If you want out, you can tell him that if he gives you a hard time, you will be happy to contact the local district attorney and see if they'll file charges for bigamy.
Best of luck with this and your life!
2006-07-21 09:05:34 · answer #2 · answered by ididntdoitthedogdid 3 · 0⤊ 0⤋
What you need to do is get a lawyer. Your situation sounds like it is complex to say the least. Therefore, you're about as likely to get good advice here as the person looking for medical advice.
If it is a concern to you, spend the money - talk to a professional.
At the VERY least, talk to the pastor who married you. Even without the whole - not being happy with the marriage thing - not having a certificate til after the fact is a good place to start your conversation with the pastor.
2006-07-21 09:04:19 · answer #3 · answered by kids and cats 5 · 0⤊ 0⤋
Well yes you are...because you did go in front of a pastor and GOD and said I do. On the other questions...I would talk to the pastor that married you about those issues...because hopefully he is a real man of GOD and will get you some answers from GOD. Your marriage might be void if he never got a divorce from his 1st marriage....but did he get married or was it "common law" marriage? Just pray about it and ask GOD for some wisdom on this because this is very serious! Especially in the eyes of GOD!
2006-07-21 09:09:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It doesn't sound like you are legally married, but I would contact a lawyer, without his knowledge, to find out. Does NY have common law marriage? Did y'all file taxes together? If the marriage isn't valid, I would secretly move out all the stuff that was important to me (my family photos, etc.) just in case he gives you a hard time about getting them. Good luck!
2006-07-21 09:03:52 · answer #5 · answered by ANGELa 3 · 0⤊ 0⤋
if you didn't apply for a certificate before hand then, no...i don't see how you could legally be married...your certificate is usually signed by the pastor....if he didn't divorce his previous wife, then, no you aren't legally married....but...all you really need to do to be sure is call the courthouse in NY. Marriage licenses are public record I believe....just tell them your name and ask them if they have record of you being married....
2006-07-21 09:02:42 · answer #6 · answered by mjboog2 4 · 0⤊ 0⤋
Yes, you can have the marriage annulled if one of the parners lied about their situation. As far as whether the marriage is actually valid in your particualr circumstances - I don't know; you would have to contact your state authorities and figure it out. You may want to talk to a lawyer about this.
2006-07-21 09:00:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I married in1981 and he was still married I did not know am I legally married
2015-12-01 05:50:26 · answer #8 · answered by Janice 1 · 0⤊ 0⤋
I would talk to a lawyer ASAP! If your husband was never divorced from his first wife then I don't think you are married to him. (First marrage makes the second one void.) Beyond that, the fact that you never had the license, etc. makes me think that the State of NY (or any other) would not recognize your marriage. Good luck!
2006-07-21 09:00:58 · answer #9 · answered by danl747 5 · 0⤊ 0⤋
i'm sorry, but the only thing i am focusing on in your entire story is that line "he'll make the divorce a nasty one". uh...sweety...that sounds like a threat to me. also considered verbal abuse...and SHOULD BE TAKEN SERIOUSLY!!! get the divorce, move out before you find yourself in a bigger jam then you thought. Get an attorney, find a paralegal service they run cheaper, they do all the paperwork, you attend the court hearing. Or contact a law school, sometimes they have students or just graduating lawyers that will do pro bono work.
please, i strongly recommend you get out now.
2006-07-21 09:09:23 · answer #10 · answered by Bella 5 · 0⤊ 0⤋