Marriage License vs. Marriage Certificate

[duceduce005]

Jurisdiction

Georgia

So I got married to a woman and we have a marriage license from Georgia. We got the signature of the priest and had the ceremony. Sadly, 2 weeks later I found out that she cheated on me. Once I found out, I verbally gave her a divorce and did not send the marriage license to be filed with the State, and therefore did NOT get a marriage certificate. It's been 6 months now and she is filing for divorce and wants an "equitable portion of my assets". In her civil lawsuit, she acknowledged that marriage lasted 17 days. I checked my background and it says that I have never been married. Does she have a case? What constitutes as being legally married in Georgia - a marriage license or a marriage certificate? I have a signed marriage license signed with both parties names and our priest, but no "recorded", "book number", or "page number" since the license was never filed. Was I ever legally married in the state of Georgia?

 

[adjusterjack]

Georgia statute 19-3-30 - Issuance, return, and recording of license:

"(e) In the event that any marriage license is not returned for recording, as provided in subsection (c) of this Code section, either party to a ceremonial marriage may establish the marriage by submitting to the judge of the probate court the affidavits of two witnesses to the marriage ceremony setting forth the date, the place, and the name of the official or minister performing the ceremony. The judge shall thereupon reissue the marriage license and enter thereon the certificate of marriage and all dates and names in accordance with the evidence submitted and shall record and cross-index same in the proper chronological order in the book kept for that purpose."

2014 Georgia Code :: Title 19 - DOMESTIC RELATIONS :: Chapter 3 - MARRIAGE GENERALLY :: Article 2 - LICENSE AND CEREMONY :: § 19-3-30 - Issuance, return, and recording of license

Shouldn't be too difficult for her to comply with that part of the statute and prove that you were married.

However, an "equitable portion of your assets" is likely to be a pittance based on a marriage lasting only 17 days.

I think you'd better consult an attorney. You've already made two mistakes that could be used against you:

1 - Verbally divorcing her is an admission that you were married.
2 - Thinking that not registering the certificate meant you weren't married.

My guess is that you'll make a lot more mistakes if you try to handle this without an attorney.

 

[duceduce005]

Thanks. What represents a "pittance" if we never had any assets together under our name? All the assets including the house, 401k, brokerage, checking, savings, etc.. were already in my name before we got married. Also, what is the best type of divorce to file in this situation? I have explicit pictures and text messages that her ex sent me via a fake email address. Is that grounds enough to prove adultery? Thanks again.

 

[adjusterjack]

What represents a "pittance"

pittance

1. : a small portion, amount, or allowance

if we never had any assets together under our name?

There's a difference between ownership and marital interest. Any marital interest (small as it might be) gets computed based on her financial contribution to the marriage.

If she gets anything at all, it'll likely be next to nothing.

Also, what is the best type of divorce to file in this situation?

"No fault" is the best type. It's faster and doesn't cost much.

I have explicit pictures and text messages that her ex sent me via a fake email address. Is that grounds enough to prove adultery?

Not unless you can get the photographer into court to testify as to the authenticity and the origination of the photos. Without proper foundation they would likely be inadmissable.

Although it might be to your advantage to send her the photos and ask if she's like to reconsider her request for a portion of your assets. Just don't make any threats about the photos or get into any discussion about what you might do with them. Just let the question dangle by itself and see how it goes.

By the way, you do understand that you have to file a proper response to her petition, right?

 

[duceduce005]

Got it. She is also asking for her attorney fees to be paid by me since her income is very small compared to mine. It is also to be noted that she didn't have any income before the marriage. In this case, will I have to pay her lawyer fees as well? Also, would you assume the spousal support she is requesting be a large amount since we were only married for 17 days about 9 months ago?

How many hours would you expect a lawyer to spend on this case if I go with a "no-fault"? How much should I be spending in lawyer fees? Would you recommend getting a top notch lawyer with high fees or just an average one?

Lastly, what did you mean by "filing a proper response to her petition"?

Thanks in advance.

 

[army judge]

Got it. She is also asking for her attorney fees to be paid by me since her income is very small compared to mine. It is also to be noted that she didn't have any income before the marriage. In this case, will I have to pay her lawyer fees as well? Also, would you assume the spousal support she is requesting be a large amount since we were only married for 17 days about 9 months ago?

How many hours would you expect a lawyer to spend on this case if I go with a "no-fault"? How much should I be spending in lawyer fees? Would you recommend getting a top notch lawyer with high fees or just an average one?

Lastly, what did you mean by "filing a proper response to her petition"?

Thanks in advance.

Hire an attorney.
Paying a good attorney will be worth it.
You won't need to stress, and a good attorney might be able to save you both time and money.
Stop communicating with her.
Your attorney will be the wall that redirects her communication to the attorney.
Her wishes will be denied.
Not returning that certificate could be seen as one of the smartest things you've ever done.
Stop repeating that part about verbally divorcing.
It only helps her case by illustrating that you thought a divorce was necessary.
By not returning the license, you effectively disavowed the marriage as being consummated.
GA law is on your side.

 

[adjusterjack]

Got it. She is also asking for her attorney fees to be paid by me since her income is very small compared to mine. It is also to be noted that she didn't have any income before the marriage. In this case, will I have to pay her lawyer fees as well? Also, would you assume the spousal support she is requesting be a large amount since we were only married for 17 days about 9 months ago?

How many hours would you expect a lawyer to spend on this case if I go with a "no-fault"? How much should I be spending in lawyer fees? Would you recommend getting a top notch lawyer with high fees or just an average one?

Lastly, what did you mean by "filing a proper response to her petition"?

Thanks in advance.

Sorry, but EVERYTHING you've just written SCREAMS that you need a lawyer, no matter what it costs.

 

[adjusterjack]

GA law is on your side.

With regard to the existence of the marriage:

Georgia statute 19-3-30 - Issuance, return, and recording of license:
"(e) In the event that any marriage license is not returned for recording, as provided in subsection (c) of this Code section, either party to a ceremonial marriage may establish the marriage by submitting to the judge of the probate court the affidavits of two witnesses to the marriage ceremony setting forth the date, the place, and the name of the official or minister performing the ceremony. The judge shall thereupon reissue the marriage license and enter thereon the certificate of marriage and all dates and names in accordance with the evidence submitted and shall record and cross-index same in the proper chronological order in the book kept for that purpose."

That is decidedly not on the OP's side.

 

[army judge]

With regard to the existence of the marriage:

Georgia statute 19-3-30 - Issuance, return, and recording of license:
"(e) In the event that any marriage license is not returned for recording, as provided in subsection (c) of this Code section, either party to a ceremonial marriage may establish the marriage by submitting to the judge of the probate court the affidavits of two witnesses to the marriage ceremony setting forth the date, the place, and the name of the official or minister performing the ceremony. The judge shall thereupon reissue the marriage license and enter thereon the certificate of marriage and all dates and names in accordance with the evidence submitted and shall record and cross-index same in the proper chronological order in the book kept for that purpose."

That is decidedly not on the OP's side.

I can only suggest to you the excerpt of the statute above says nothing that would lead me to believe that a marriage ceremony without the return of the license could lead a probate court to conclude the parties were married, absent an affirmative step to seek a probate judge to rule based upon the affirmation of two alleged witnesses to the alleged marriage ceremony that the marriage was properly officiated and ordained.

At any rate, even if the marriage were ruled to be legitimate, a 17 day marriage isn't going to see the other party receive a massive financial windfall.

I know dozens of attorneys, myself included, who could make this thing disappear quickly.