two people want to have a ceremony and get the license later after the divorce of the groom is final (from previous wife). Is this legal in CA? Ethical? Should the minister pronounce as man and wife?
2006-08-24 05:40:36 · 11 answers · asked by L G 1 in Politics & Government ➔ Law & Ethics
A church official can pronounce a couple as being married within the church, as long as it conforms to church rules. Same as granting a divorce or annulment within the church.
However, that declaration of status for religious purposes has no effect on the legal status of the individuals. And the minister would be remiss if they didn't point that distinction out to the couple.
In other words, legal status and religious status are entirely independent. The church is not required to recognize a legal divorce if it was not in conformity with church rules. So a church could refuse to perform a marriage ceremony if the church considered the person still married under its rules, even if the person had a legal divorce. And the church could consider a person unmarried (for religious purposes) if they never complied with the church requirements, even if they have a legal marriage license.
That's the technical answer. The practical answer is that few (if any) churches will disregard or ignore the legal status, except for purely ceremonial purposes. So, for example, say the man has been granted a divorce by the court, and it becomes effective on Monday morning. The church can hold a valid ceremony on Sunday, because by the time the license is filed on Monday afternoon, the legal divorce would have already been processed.
2006-08-24 06:12:13 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
You can have a ceremony, but it is not legal without the license. If the license is not obtained before the ceremony and filled out, dated, and signed by the minister and then submitted to the court of records, it is not a legal marriage. To obtain a marriage license you must provide the date of final decree (date judge finalized divorce). A minister can perform any ceremony he chooses, but will recognize that it is not a legally binding union by the state. I hope this helps you.
2006-08-24 12:50:43 · answer #2 · answered by henryswrecker_fr 2 · 1⤊ 0⤋
The marriage is NOT legal. Pretending it is and performing the ceremony would not be ethical. The minister should refuse to perform the ceremony until after the groom's divorce is final.
2006-08-24 12:49:13 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If he is still legally married, then the marriage will NOT be valid. The minister can still perform the ceremony and pronounce the couple as man & wife but it is not valid and it is unethical for a minister to marry an already married man.
Bottom line: Not legal and totally unethical
2006-08-24 14:32:10 · answer #4 · answered by Goose&Tonic 6 · 0⤊ 0⤋
He can say what ever he wants. It is not a legal marriage until the marriage license is processed. But a minster willing to wed a person who is not divorced completely is not a minister I would want officiating a wedding.
2006-08-24 12:46:16 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I have always understood anyone can perform a marriage ceremony - it's when you file the license it becomes a legal matter. If a license is filed and you are not legally divorced, that marriage, I've understood, is not legal and could be a matter for legal action.
2006-08-24 12:47:15 · answer #6 · answered by alleycat189 2 · 1⤊ 1⤋
that is illegal and if this is a real minister he should know that he could go to jail and that he is helping the groom commit bigamy which is punishable with jail time.
2006-08-24 12:55:24 · answer #7 · answered by ruthie1019 2 · 0⤊ 0⤋
No. That is called "bigamy," and it is a crime in all 50 states of the US as well as many foreign countries.
2006-08-24 12:46:30 · answer #8 · answered by sandislandtim 6 · 0⤊ 0⤋
It wont be legal if he is still technically and legally still married to another individual.
2006-08-24 12:44:28 · answer #9 · answered by G-Do 1 · 0⤊ 0⤋
The minister would have to be willing to lie. That should not be too hard to find.
2006-08-24 12:44:36 · answer #10 · answered by El Pistolero Negra 5 · 0⤊ 2⤋