Legal Question in Family Law in Minnesota

Am I legally married?

I lied about my age to get married in S.D. in 1980. Am I legally Married?

And does my husband have to sign for a divorce to be granted? Our children are grown.


Asked on 5/06/07, 10:14 am

2 Answers from Attorneys

J. Chris Carpenter Harvey and Carpenter

Re: Am I legally married?

I don't know. This is a question of South Dakota law. You need to talk to a South Dakota attorney.

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Answered on 5/07/07, 11:38 am
John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: Am I legally married?

Thank you for your question about the validity of your marriage, and your husband's cooperation in a divorce.

In answer to your first question (regarding your age at the time of marriage), the answer is yes, you are legally married under Minnesota Law. This presumes that you and your husband continued to live together as husband and wife following the time you reached 18. Immediately after your marriage, before you reached 18, the marriage would have been void, but your continued co-habitation after that time essentially "cures" this defect.

You also ask whether your husband must consent to a divorce. The simle answer is that no, he does not have to sign anything, or otherwise consent to an stipulation, if you wish to get a divorce. In many cases the parties ultimately agree on a settlement, and the case is then settled by a stipulation signed by both parties. That is not required, however. If the parties cannot agree, the court will ultimately resolve the matter, with or without the parties consent.

If you are concerned about your marriage and need help, please call me and I can give you a free consultation to answer additional questions you may have about this matter. Our phone number is 952.285.2944.

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Answered on 5/06/07, 2:39 pm


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