divorce with tricky technicalities

[trtlbaby]

I'm looking to get remarried as soon as possible. The problem is, I got married in 1998 to a Serbian citizen in California (I am a U.S. citizen). The license was issued BUT then a mark was made on it before it got sent to the recorder. The recorder sent it back saying it was invalid and could not be recorded, and no marriage certificate was ever issued.

In 2000, we moved to Australia where de facto marriages are recognized, and so never followed up with correcting the license or getting a marriage certificate. However we separated in Nov 2005, and declared the de facto marriage to be over to the Australian gov't, so according to them we are no longer married.

BUT, my questions are:

1) Was my original marriage in the US actually valid -- enough to have to file for divorce over?

2) Assuming it was, where would the jurisdiction on this be? Neither of us are residents of CA and I currently live in Beijing, CHINA while he still lives in Australia.

3) Even if suitable jurisdiction is found, how can it be possible to get a divorce on a marriage that is not on record? BTW, the "union" did not result in any children, property, or marriage certificate, so the divorce should be uncontested.

I really hope someone can shed some light on this issue, thank you.



All the best,
trtlbaby



P.S. I am assuming my US marriage is valid on the basis of a telephone consultation with a CA divorce lawyer who looked up the statute which seemed to say (I think) that 3 things are required for a valid marriage, among which only "issuing" (as opposed to "recording") of a license is listed. (But I do not know this for sure.) In my case, a validated license was issued by the judge who performed the ceremony, but this license was altered before being sent to the recorder, which rendered it invalid.

Hopefully this will make some sense to you. It's a very weird situation, I know.

 

[calalily]

You should contact the California city records department and ask them if the marriage was
1) ever recorded,
2) if not recorded was the marriage still considered valid and legal, and
3) do you need a divorce to remarry.
You may be able to do it by email and that way you would have the answers in writing or contact them in writing and ask; hopefully they'll respond in kind so once again you'll have it in writing. Send a certified return receipt letter and enclose a self addressed stamped envelope.

 

[seniorjudge]

Get a divorce.

It's easier and cheaper.

 

[Charleslegal]

Meet BAFL people

You can go as per what Calalily says but, if you take my word for it, I think it will be a very good idea to meet a BAFL divorce attorney who can answer all your questions properly. Log on to www.bay-area-family-law.com

 

[Free]

The recorder rendered your license invalid. Further, it was not recorded, meaning it doesn't exist as far as the State is concerned. The State of California does not recognize Common Law Marriage, therefore you were not legally married according to their laws.

To answer your questions:

1) Was my original marriage in the US actually valid -- enough to have to file for divorce over? No. The clerk rendered it invalid and did not file it. It doesn't exist. And you cannot file for a divorce if no record of the legal marriage exists.

2) Assuming it was, where would the jurisdiction on this be? Neither of us are residents of CA and I currently live in Beijing, CHINA while he still lives in Australia. It wasn't legally valid, the clerk rendered it legally invalid and didn't file it, so this question is now moot.

3) Even if suitable jurisdiction is found, how can it be possible to get a divorce on a marriage that is not on record? BTW, the "union" did not result in any children, property, or marriage certificate, so the divorce should be uncontested. It's not possible to get a legal divorce for a legal marriage that never existed.


I would suggest you still seek real life legal counsel just to ease your mind. And I hope you'll come back and share the answer. I realize what an attorney told you by phone, but I would get a second opinion. How can a dissolution of marriage take place on a legal marriage that was already invalidated and never recorded?

Regards,

Free