Any lawyers on the board?

[RiceEater]

Need some legal advice. Has to do with date of marriage and if it is legal or not... if not, how can I make the marriage legal.

[korndawg]

Vegas trip gone wrong?

[MYSCZ06]

you get married on april fools and wonder if its a joke?

[JerseyLS1]

little white wedding chapel

[RiceEater]

Got married on 20 Feb... my divorce to my ex was "supposed" to be final on 5 Feb, my lawyer confirmed this... but the court said that the 6 month wait time (CA) is the minimum time... judge didn't sign the final judgement until 12 Mar. Now my dates over lap and Hawaii says my marriage isn't legal and that I need to consult an attorney to find out what to do. Unfortunately, my lawyer is on vacation until the 8th.

[pajeff02]

In most states... bigamy is a crime.

Check your state's law -- but you may have to "re-marry" to make it official. Always good to have a story to tell and odds are that you will be one of the few guys on the planet who actually remembers his wedding date!

[korndawg]

Hell ya! Have another wedding and get double the gifts.

[tnthub]

You are not legally married if the divorce was not finalized until after your wedding date. How did you obtain a marriage license without documented proof of your divorce? Someone screwed up in addition to yourself...

Most states have marriage laws that allow a marriage that was believed to be legal at the time it was performed to be upheld. This is usually documented in the case law for each state. You would need to consult at attorney in the state of your marriage to be able to confirm this.

PS... I am not a lawyer but I do perform wedding ceremonies and once in a while sleep at a Holiday Inn Express.

[pajeff02]

^^ I have to take issue with the first part of that statement. If you can not "legally marry" until a divorce is finalized there would be no reason to have a criminal statute for bigamy. As I noted, laws vary from state to state. Marriage is simply a contract between two people formalized by the state. I agree 100% that the OP needs to check with an attorney as there may be an allowance for mistaken beliefs and such.

Certainly on his marriage license application the OP would have probably listed himself as "divorced". Our court requires a certified copy of a divorce decree before issuing a license. Not sure what is required in the OP's jurisdiction and it is possible that the issuer did drop the ball.

I am interested to hear the result from the OP...

[tnthub]

Hawaii marriage requirements: http://www.usmarriagelaws.com/search...ii/index.shtml

California marriage requirements:
http://www.usmarriagelaws.com/search...ia/index.shtml

Common statute to protect people believeing they are getting legally married but due to an oversight the marriage might not be valid:

Maine statute in case the person solemizing the marriage is not authorized:

"§657. Lack of jurisdiction or authority
A marriage, solemnized before any known inhabitant of the State professing to be a justice, judge, notary public or an ordained or licensed minister of the gospel, is not void, nor is its validity affected by any want of jurisdiction or authority in the justice, judge, notary or minister or by any omission or informality in entering the intention of marriage, if the marriage is in other respects lawful and consummated with a full belief, on the part of either of the persons married, that they are lawfully married."


I found this little nugget here: http://www.usmarriagelaws.com/search...my/index.shtml

All 50 states have statutes against bigamy (multiple licensed marriages). In most states, bigamy is a felony.

In the following states, bigamy is a misdemeanor. However, once the penalty is paid, you are back at square one.

Alaska
Arkansas
Hawaii (petty misdemeanor-- 30 days in jail)
Iowa
Maine
Missouri
Montana
Nebraska
New Jersey
Ohio
Pennsylvania
Rhode Island (misdemeanor, $1000)
Tennessee
Texas


In Hawaii:

Who is Eligible to Apply for a Marriage License?

There are no state residence or U.S. citizenship requirements.
Blood tests are not required.
The legal age to marry is 18 years for both males and females.
Males or females of 16 or 17 years of age who wish to marry require the written consent of both parents, legal guardian, or the family court. The parents or legal guardian do not have to be residents of the state. Consent forms may be obtained from a marriage license agent.
Males or females of 15 years of age who wish to marry require the written consent of both parents or legal guardian, and the written approval of a judge of the family court. The parents or legal guardian do not have to be residents of the state. Consent forms may be obtained from a marriage license agent.
Proof of age is required. A certified copy of a birth certificate must be presented for anyone 18 years of age or under. A valid I.D. or driver’s license may be presented for anyone 19 years of age or over.
If previously married, proof of original divorce decree or death certificate needs to be presented to the marriage agent by the applicant if the divorce or death was final within 30 days of applying for a marriage license. NO FAXES ARE ACCEPTED.
Cousins may marry. However, the blood relationship between the prospective bride and groom cannot be closer than first cousins.

[pajeff02]

^^ Good research. You are hired!

[310stanger]

Hawaii marriage requirements: http://www.usmarriagelaws.com/search...ii/index.shtml

California marriage requirements:
http://www.usmarriagelaws.com/search...ia/index.shtml

Common statute to protect people believeing they are getting legally married but due to an oversight the marriage might not be valid:

Maine statute in case the person solemizing the marriage is not authorized:

"§657. Lack of jurisdiction or authority
A marriage, solemnized before any known inhabitant of the State professing to be a justice, judge, notary public or an ordained or licensed minister of the gospel, is not void, nor is its validity affected by any want of jurisdiction or authority in the justice, judge, notary or minister or by any omission or informality in entering the intention of marriage, if the marriage is in other respects lawful and consummated with a full belief, on the part of either of the persons married, that they are lawfully married."


I found this little nugget here: http://www.usmarriagelaws.com/search...my/index.shtml

All 50 states have statutes against bigamy (multiple licensed marriages). In most states, bigamy is a felony.

In the following states, bigamy is a misdemeanor. However, once the penalty is paid, you are back at square one.

Alaska
Arkansas
Hawaii (petty misdemeanor-- 30 days in jail)
Iowa
Maine
Missouri
Montana
Nebraska
New Jersey
Ohio
Pennsylvania
Rhode Island (misdemeanor, $1000)
Tennessee
Texas


In Hawaii:

Who is Eligible to Apply for a Marriage License?

There are no state residence or U.S. citizenship requirements.
Blood tests are not required.
The legal age to marry is 18 years for both males and females.
Males or females of 16 or 17 years of age who wish to marry require the written consent of both parents, legal guardian, or the family court. The parents or legal guardian do not have to be residents of the state. Consent forms may be obtained from a marriage license agent.
Males or females of 15 years of age who wish to marry require the written consent of both parents or legal guardian, and the written approval of a judge of the family court. The parents or legal guardian do not have to be residents of the state. Consent forms may be obtained from a marriage license agent.
Proof of age is required. A certified copy of a birth certificate must be presented for anyone 18 years of age or under. A valid I.D. or driver’s license may be presented for anyone 19 years of age or over.
If previously married, proof of original divorce decree or death certificate needs to be presented to the marriage agent by the applicant if the divorce or death was final within 30 days of applying for a marriage license. NO FAXES ARE ACCEPTED.
Cousins may marry. However, the blood relationship between the prospective bride and groom cannot be closer than first cousins.

you are way too handy lol you are a human dictionary lol

[Y2KArcticSS]

Hawaii marriage requirements: http://www.usmarriagelaws.com/search...ii/index.shtml

California marriage requirements:
http://www.usmarriagelaws.com/search...ia/index.shtml

Common statute to protect people believeing they are getting legally married but due to an oversight the marriage might not be valid:

Maine statute in case the person solemizing the marriage is not authorized:

"§657. Lack of jurisdiction or authority
A marriage, solemnized before any known inhabitant of the State professing to be a justice, judge, notary public or an ordained or licensed minister of the gospel, is not void, nor is its validity affected by any want of jurisdiction or authority in the justice, judge, notary or minister or by any omission or informality in entering the intention of marriage, if the marriage is in other respects lawful and consummated with a full belief, on the part of either of the persons married, that they are lawfully married."


I found this little nugget here: http://www.usmarriagelaws.com/search...my/index.shtml

All 50 states have statutes against bigamy (multiple licensed marriages). In most states, bigamy is a felony.

In the following states, bigamy is a misdemeanor. However, once the penalty is paid, you are back at square one.

Alaska
Arkansas
Hawaii (petty misdemeanor-- 30 days in jail)
Iowa
Maine
Missouri
Montana
Nebraska
New Jersey
Ohio
Pennsylvania
Rhode Island (misdemeanor, $1000)
Tennessee
Texas


In Hawaii:

Who is Eligible to Apply for a Marriage License?

There are no state residence or U.S. citizenship requirements.
Blood tests are not required.
The legal age to marry is 18 years for both males and females.
Males or females of 16 or 17 years of age who wish to marry require the written consent of both parents, legal guardian, or the family court. The parents or legal guardian do not have to be residents of the state. Consent forms may be obtained from a marriage license agent.
Males or females of 15 years of age who wish to marry require the written consent of both parents or legal guardian, and the written approval of a judge of the family court. The parents or legal guardian do not have to be residents of the state. Consent forms may be obtained from a marriage license agent.
Proof of age is required. A certified copy of a birth certificate must be presented for anyone 18 years of age or under. A valid I.D. or driver’s license may be presented for anyone 19 years of age or over.
If previously married, proof of original divorce decree or death certificate needs to be presented to the marriage agent by the applicant if the divorce or death was final within 30 days of applying for a marriage license. NO FAXES ARE ACCEPTED.
Cousins may marry. However, the blood relationship between the prospective bride and groom cannot be closer than first cousins.

Wow, maybe I should stay at Holiday Inn Express more often