Legal Question in Family Law in California

no marriage license in CA, is it valid requiring a divorce

if married by minister/pastor without marriage license in California, is the marriage valid requiring a divorce

we had a marriage ceremony in California 11 years ago. it was performed by a minster or pastor, we had a decorative certificate from him, it says were were married, signed by him, nothing was signed by us. we did not take out a marriage license at the city or court. nothing was ever filed. we lived together for 11 years, we told everyone we were married.

i ended up leaving after trying to make things work and could not take it any more, i tried. i married in another state with license and everything was filed.

i have been in touch with my ex and she says that we are still married. that we have a marriage contract and need to get a real divorce. that i have to get an annulment here first. i know there is no common law marriage. would law say i am still married to first person?


Asked on 3/26/09, 10:30 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: no marriage license in CA, is it valid requiring a divorce

You could file a petition to have a court determination that you were never married. This is an area of the law that is complex and dependent upon the facts. California has statutory provisions for the recognition of some marriages entered into under circumstances similar to yours. You need to consult with an attorney to determine your options.

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Answered on 4/02/09, 12:51 pm


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