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  1. #1
    Join Date
    Dec 2005
    Posts
    1

    Default Is he a bigamist, or am I out in the cold?

    In 1998, in Kentucky, I married a man. We bought a marriage license, had a ceramony where his father, a minister, married us, and almost lived happily ever after. i was able to get my name changed on my social security card with just the certificate. Now, I have been seperated from him for over a year. I found out that his father never sent in the marriage license. I want to get a divorce if I am legally married, but I am not sure that I am. How do I get my social security card changed back? And he recently moved to TN and married another women. What do I do to find out if I need a divorce or not?

    Thanks if you can help!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Failure to File Marriage License

    Under Tennessee law, you were married whether or not the license was filed.
    Quote Quoting Aghili v Saadatnejadi, 958 SW2d 784, 787 (Tenn. Ct. App. 1997).
    The failure of an officiant to return the marriage license to the issuing clerk within three days after the ceremony does not invalidate the marriage. See Tenn. Code Ann. § 36-3-306 (1996). ...

    The purpose of the filing requirement in Tenn. Code Ann. § 36-3-303 is to assure the preservation of a reliable, accurate record of a marriage. The filing of the second marriage license on February 8, 1995 satisfies this requirement as long as it contains the information required by law. The license filed on February 8, 1995 appears to be appropriate on its face. It is signed by the officiant as required by Tenn. Code Ann. § 36-3-103(c)(1) (1996),5 and it contains the information required by Tenn. Code Ann. § 36-3-104(a) (1996). Despite Mr. Aghili’s assertions that the February 8, 1995 license was invalid, the record contains no competent evidence that the license was inadequate or that it was rejected by either the clerk or the Department of Health.

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