Valid Marriage = Vaild Divorce ???

[Xcowgirl]

My Husband got married in California (1994) - Divorced in Michigan in 1997.

We have been married since 1999. We are in the process of getting the marriage blessed through the catholic church, so he has to get the first marriage annulled.

I did a request from the proper county my husband and the ex were married in, to get a copy of their marriage certificate.

He needs a copy of the marriage certificate and the divorce decree for all the proper paperwork for the church.

Apparently - whom ever married them, never submitted their completed marriage licenses/marriage documents to the county clerk office.

They hired a guy from the paper to preform the wedding service, we are thinking he took the cash and dashed!

I received a certified letter stating that the marriage neve took place.

Were they legally married?

Did they need to get divorced?

What about all the court orders in effect now?

Can we fight the orders, seeing how they were never actully legally married???

HELP - anything.....

[socrateaser]

>Were they legally married?

Yes. If they applied, but the certs were never returned due to the fraud of the marriage officiant, then a could would find that, in as much as they both believed they were married and held themselves out to the community as such, then they were legally married.

However, if they never actually applied for the license, then they were never legally married.

>
>Did they need to get divorced?

It doesn't matter anymore.

>
>What about all the court orders in effect now?

No change.

>
>Can we fight the orders, seeing how they were never actully
>legally married???

Nope. The court recognizes the doctrine of "finality of judgment." It has been years since the divorce judgment was rendered, therefore the court will not permit its final judgment to be overturned, except on grounds that are not applicable to your facts.

[Xcowgirl]

>Yes. If they applied, but the certs were never returned due to the fraud of the marriage officiant, then a could would find that, in as much as they both believed they were married and held themselves out to the community as such, then they were legally married.

Even though California doesn't recognize "Common Law Marraiges"?


Thanks:)

[LizaLou1]

Don't mean to butt in but, it seems to be such an unusal situation.  I am sorry for your difficulties.  

IMO, it seems to be a "Church" issue at this point rather than a "State/Legal" issue based on Soc's response.  Since you can't produce a marriage certificate, just move on and get married.  Because the Church and the State are separate, ask the Church to take the position there was no "real" marriage because their was no certificate  thus negating the need for an annulment.  Hey, they might just say OK.

If not, it would seem the Church will have to accept the Divorce Decree alone and get on with the annulment because the State is happy with way things are.

Either way you would get want you want.


Best of Luck,
LizaLou

[socrateaser]

If there had never been a divorce judgment, then you might have an interesting case, but as it stands, you have a divorce judgment, and it was final years ago.

If courts were to allow review of every judgment, wrongly decided because of new evidence discovered years after judgment was entered, no case would ever end.

Your divorce decree is valid, even if your marriage was never legally established. As for the requirements of the Catholic Church, that is wholely beyond of the scope of my knowledge, and the law, generally (separation of chuch and state).