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  1. #1
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    Aug 2015
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    Default Is a Divorce Still Valid if it Turns Out that the Underlying Marriage Was Invalid

    My question involves a marriage in the state of:West Virginia. If after being divorced for 15 years, to find out that the marriage may not have ever been legal, no marriage certificate and no marriage license, is the divorce decree a legal binding document?
    There is no longer any minor children.

  2. #2
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    Mar 2013
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    Default Re: Divorce

    You use the words "may not" which implies that you don't know for sure.

    How do you not know whether you took out a marriage license when you got married. You would have had to have been deaf, dumb, blind, drunk, and stupid to not know if papers were signed at the time. Were you?

    What is it that makes you even suspect that there was no marriage certificate or license? Have you checked the marriage records in the state where you got married?

    In other words, what have you done to make sure one way or the other?

    Anyway, what difference does it make after all this time?

    Seriously, what is your goal in questioning the validity of your marriage and divorce?

  3. #3
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    Default Re: Is a Divorce Still Valid if it Turns Out that the Underlying Marriage Was Invalid

    The divorce would remain valid, and it is not necessary to later address or litigate questions about whether the underlying marriage was for some reason not valid. There is no need to try to seek a court order declaring the marriage to be void, or to seek a post-divorce annulment.

    Also, assuming a license was at some point issued,
    Quote Quoting West Virginia Code, Sec. 48-2-601. Belief of parties in lawful marriage validates certain defects.
    If a marriage is solemnized by a person professing to be authorized to celebrate marriages when, in fact, the person is not authorized, or if a marriage is solemnized after the license is expired, the marriage is not void and subject to a judgment of nullity based on that fact alone if:

    (1) The marriage is lawful in all other respects, and

    (2) The marriage is consummated with a full belief on the part of either or both of the persons married that they have been lawfully joined in marriage.

  4. #4
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    Default Re: Divorce

    Quote Quoting adjusterjack
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    You use the words "may not" which implies that you don't know for sure.

    How do you not know whether you took out a marriage license when you got married. You would have had to have been deaf, dumb, blind, drunk, and stupid to not know if papers were signed at the time. Were you?

    What is it that makes you even suspect that there was no marriage certificate or license? Have you checked the marriage records in the state where you got married?

    In other words, what have you done to make sure one way or the other?

    Anyway, what difference does it make after all this time?

    Seriously, what is your goal in questioning the validity of your marriage and divorce?
    I am trying to get some information to determine if an attorney needs to be contacted.
    My husband, (I am 2nd marriage) came home from Iraq to a cheating wife, who in their divorce, was allotted a share of 11 years of military retirement. Her uncle, who was supposed to be a minister, married them in his home.
    Now after all of these years, my husband just found out the marriage may not have been a legal marriage.
    We have been to the courthouse in the county in which the marriage took place. There is no marriage certificate, nor a record of a marriage license.
    He paid her $1672.00 for alimony and child support for 10 years. If he can prevent her from getting part of his retirement, he would like to do so.

  5. #5
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    Jun 2015
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    Default Re: Divorce

    I think you have a rather unique question as to if a marriage was ever created at the time in question...often the law allows for minor defects but the ones you cite may be major ones . Best addressed to counsel .

    The issues of getting a military retirement slice are even more complex..but to me as a layman the focus needs to be where you put it....was a valid marriage in place.
    Again, pose it to counsel skilled at family law in that state .

    - - - Updated - - -

    And W VA does not recognize common law marriages created in its state.

  6. #6
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    Oct 2006
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    Default Re: Divorce

    Quote Quoting sue304
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    I am trying to get some information to determine if an attorney needs to be contacted.
    My husband, (I am 2nd marriage) came home from Iraq to a cheating wife, who in their divorce, was allotted a share of 11 years of military retirement. Her uncle, who was supposed to be a minister, married them in his home.
    Now after all of these years, my husband just found out the marriage may not have been a legal marriage.
    We have been to the courthouse in the county in which the marriage took place. There is no marriage certificate, nor a record of a marriage license.
    He paid her $1672.00 for alimony and child support for 10 years. If he can prevent her from getting part of his retirement, he would like to do so.
    Please answer the question: What information and where did the information come from that led him to believe that the marriage might not be valid?

  7. #7
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    Aug 2015
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    Default Re: Divorce

    The ex-wive contacted my husband asking if he had a copy of their marriage license or marriage certificate? Which, he does not. Not even in his military files. A few days later his daughter called and told him that her mom was saying something to her about the possibility of not ever being really married to her dad.
    That is when we headed to the court house and discovered that this may be truth.
    We searched the records for the entire year of the marriage and 2 yrs prior and after, just in case of a mis-file. We found nothing.

  8. #8
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    Default Re: Divorce

    Quote Quoting sue304
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    Now after all of these years, my husband just found out the marriage may not have been a legal marriage.... If he can prevent her from getting part of his retirement, he would like to do so.
    If your husband applied for and obtained a marriage license, the previously cited statute almost certainly addresses his situation. Does he or does he not recall obtaining a marriage license?

    Let's assume that he did not apply for a marriage license, or that for some reason his application was rejected but he nonetheless went through a marriage ceremony. He has a number of significant hurdles to getting relief from a fifteen-year-old judgment including the court rule restrictions regarding him to seek his relief within a reasonable time, and for many grounds within one year; the equitable principle of laches (undue delay) in seeking relief; the fact that his complaint for divorce, or answer to the complaint if he was the defendant, alleged or admitted that the parties entered into a valid marriage, with the court finding that to be the case when granting the divorce.... So assuming he does not recall ever applying for a marriage license and no record of an application can be found, he will need to discuss the case in detail with a skilled family lawyer to determine if he has any hope for relief at this late date.

  9. #9
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    Oct 2006
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    Default Re: Divorce

    Quote Quoting Mr. Knowitall
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    If your husband applied for and obtained a marriage license, the previously cited statute almost certainly addresses his situation. Does he or does he not recall obtaining a marriage license?

    Let's assume that he did not apply for a marriage license, or that for some reason his application was rejected but he nonetheless went through a marriage ceremony. He has a number of significant hurdles to getting relief from a fifteen-year-old judgment including the court rule restrictions regarding him to seek his relief within a reasonable time, and for many grounds within one year; the equitable principle of laches (undue delay) in seeking relief; the fact that his complaint for divorce, or answer to the complaint if he was the defendant, alleged or admitted that the parties entered into a valid marriage, with the court finding that to be the case when granting the divorce.... So assuming he does not recall ever applying for a marriage license and no record of an application can be found, he will need to discuss the case in detail with a skilled family lawyer to determine if he has any hope for relief at this late date.
    I would also add that checking surrounding counties might be wise as well.

  10. #10
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    Default Re: Divorce

    You shouldn't need to search by county for a marriage certificate, as you should be able to make a request with the Vital Registration Office (accompanied by a small fee) to obtain a certified copy of any marriage license issued within the state.

    If there is no marriage certificate, the leading question remains: Was a marriage license issued? I am not sure what records are kept of marriage licenses where there is no subsequent issuance of a marriage certificate, but ideally the groom would recall if he applied for a marriage license and where he was when he applied for the license, as well as whether the application was successful.

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