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FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

Original post by NovemberBride07

okay, so maybe I'm getting my hopes up.......As FH & I were putting together our papers to show the priest and prove that he never got married in a church, and that it was only at city hall, we realized that she never signed the marriage license! The officiant's signature is there! The groom's signature, as well as the 2 witnesses' signature's are there, but the bride's signature isn't!!!!

does this mean that their marriage wasn't legal? does it make it null & void? or is it still binding and a valid marriage even though she didn't sign? I guess noone noticed that when they processed the divorce.

Please oh please, let their marriage be null & void so that I don't have to continue jumping through hoops to get married in the Catholic Church!


if anyone has any info on this topic, please let me know!
NovemberBride07 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

So the State can get $$$

You have to get a license according to the law if you intend to be married in the State of New York, but not having one doesn't mean the marriage is not solemnized (ceremony and declaration of your intent).
It's pretty much just a loophole in the law.



UGH!!!!THAT SUCKSSSSSSSSSSSSSSSSS!!!!!!!!!!!
Trishthedish Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

Wowweeee... That's crazy but that would be wonderful for you if it is null and void.

Keep us updated!
Goldi1021 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

I hope you get the answer that satisfies you!

According to my parents Ketubah, my mother is married to the Rabbi. Their civil license, I believe is correct.
103005FallBride Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!


Posted by Goldi1021

I hope you get the answer that satisfies you!

According to my parents Ketubah, my mother is married to the Rabbi. Their civil license, I believe is correct.



PIMP...
smara Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!


Posted by Reesa


Posted by FallBride05


Posted by 103005FallBride


Posted by Reesa

It's not null and void-You technically don't need a marriage license to be legally married, assuming it was in New York. You also don't need to show the license to get a divorce. Sorry



I can understand not needing the license to get divorced, but why don't you need the license to be legally married?



I was thinking the same thing what's the point of the license then if you don't legally need it?



So the State can get $$$

You have to get a license according to the law if you intend to be married in the State of New York, but not having one doesn't mean the marriage is not solemnized (ceremony, witness and declaration of your intent).
It's pretty much just a loophole in the law.




Oh boy im confused... really you dont needa license to be legally married. So I can just have a officiant, witness and a groom and ppof im married.
So confused, help a sista out..

I still hope it works out for you
CLMon7906 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

New York Marriage License - New York State Marriage License Info
The Marriage License
Where do you get one?
A couple who intends to be married in New York State must apply in person for a marriage license to any town or city clerk in the state. The application for a license must be signed by both the bride and groom in the presence of the town or city clerk. A representative cannot apply for the license on behalf of the bride or groom. This applies even if the representative has been given the Power of Attorney. Notarized marriage license affidavits signed by the bride or groom cannot be substituted for their personal appearance.


taken from this link
Reesa Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!


I didn't mean to confuse! I found an excerpt that may explain better. I wouldn't let this stop anyone from getting their license of course!. . .


The Domestic Relations Law provides that it is necessary for all persons 'intended to be married in New York state' to obtain a marriage license,[FN38] and that before a marriage ceremony may be performed, or a written contract of marriage acknowledged, the license must be delivered to the officiating clergyman or magistrate.[FN39] The Domestic Relations Law, however, contains no provisions invalidating marriages celebrated without a license, but on the contrary, expressly provides that nothing contained therein shall be construed to render void by reason of failure to obtain a marriage license any marriage solemnized between persons of full age.[FN40] Thus, a marriage between parties of full age is not invalidated by the fact that they have not obtained a marriage license.[FN41] And the fact that parties fail to obtain a marriage license does not in the least affect the validity of such marriage, where it is performed and solemnized in strict accordance with Orthodox Jewish ritual and practice.[FN42]

The fact that a marriage license has been destroyed does not affect the validity of the marriage properly solemnized.[FN43]
sandelion23 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

OMG - for your sake, i hope it's null and void too~!!!!

read this pasted info below:

It is the duty of the marriage officiant to complete the marriage license and mail it to the Office of the City Clerk within 5 days of the ceremony. You should ensure that all parties--the witnesses, you and your spouse and the marriage officiant--sign. Upon receipt of the completed certificate, the Office of the City Clerk should issue to the couple a Certificate of Marriage Registration within 15 days of receipt. The Certificate of Marriage Registration is your ultimate proof of marriage.

http://nycmarriagebureau.com/about/faq.html

if she didn't sign, the city clerk should not have issued the marriage registration. but if a certificate was issued despite the missing signature, i guess it is legal then? i really hope not though.

FINGERS CROSSED~!!!!
soon2bmrsVPT Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

oh...my...goodness

I hope everything works out! Keep us updated
chapel06 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

This is the way I see it just because she didnt sign the marriage license doesnt mean that they never recieved a marriage license. They applied for one and did in fact recieve a marriage license, she just never signed it and I dont know what that means. As for the DIY divorce packet, even though they did it themselves the papers they submitted had to be reviewed by a judge and a judge had to grant a divorce. So, all the papers had to be legally sufficient to grant a divorce.

JambaLady Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

Unfortunately, I think their marriage is still legal. New York Domestic Relations Law sets forth only 2 qualifications for marriage: (1) age and (2) the consent of the parties capabable of making a law in contract.

Licensure and Solemnization of the marriage are the 'formal requirements'.

Persons who solemnize a marriage in the absence of a marriage license or with knowledge that either party is legally incompetent to contract marriage may be subject to prosecution for a misdemeanor, as may a clerk who issues or files a marriage license improperly. See DRL § 17. This speaks only to people solemnizing the marriage and not the parties getting married.

The DRL does not, however, penalize individuals who participate in a marriage ceremony without first obtaining a license
Nor does the lack of a marriage license affect the validity of a marriage. See DRL § 25 (“Nothing in this article contained shall be construed to render void by reason of failure to procure a marriage license any marriage solemnized between persons of full age.”);
MyDay627 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

My ex-husband and I got married in city hall in Queens and then a few years later had a ceremony in a catholic church. We however never inquired about needing another license when we got married in church and never got one. The preist wasnt going to marry us but he did in just the ceremony we werent allowed to have a mass in the church he said. He also said he was just going through the motions for us because we didnt have a license but seeing that we were already married in civil court he would do it along with a really big donation from my dad. Anyhow, after we got divorced and now years later FH and I wanted to get married we found out that our marriage was binding through the church even without the license and I would have to go through an anullment if we wanted to be married in a catholic church again. Needless to say with all the red tape and $$ it costs to get this accomplished we are having a ceremony at Old Westbury Gardens with a justice of the peace. I hope it all turns out the way you want it too though
holly231 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

It sounds to me like your FH and his 'wife' never sent it into the state for the actual license...

The paperwork that you guys signe, the witnesses sign, and the priest/rabbi/judge sign, goes to the state

They then issue a legal documented license...

hmmmm
snydl40 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

Woulkd the church see it as a loophole-even if the state doesn't?
Mandyin2007 Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

I hope everything works out in your favor!
FinallyMrsP Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

I hate to be the one to break the bad news, but according to the catholic church even if you weren't married in church you still need to do some sort of an annulment process. Marriage license or not. If you lived as husband and wife. But don't worry, its not so bad. Tedious, but if it means that much to you its worth it!! Good Luck
GabrielleandJohn Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!


Posted by Goldi1021

I hope you get the answer that satisfies you!

According to my parents Ketubah, my mother is married to the Rabbi. Their civil license, I believe is correct.



OMG are you serious?
smara Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!

So what was hte ned result,, Marriage Legit or Null & Void - Did you get an answer?

103005FallBride Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!


Posted by soon2bMrsP

I hate to be the one to break the bad news, but according to the catholic church even if you weren't married in church you still need to do some sort of an annulment process. Marriage license or not. If you lived as husband and wife. But don't worry, its not so bad. Tedious, but if it means that much to you its worth it!! Good Luck



But she's gone to several churches and does not need to go through the annulment process (Thank God!), there is however another process she needs to go through, which is a LOT less time & money.
103005FallBride Posted:

Re: FH EX-WIFE NEVER SIGNED THEIR MARRIAGE LICENSE!!!!


Posted by holly231

It sounds to me like your FH and his 'wife' never sent it into the state for the actual license...

The paperwork that you guys signe, the witnesses sign, and the priest/rabbi/judge sign, goes to the state

They then issue a legal documented license...

hmmmm



This is what I'm wondering too. I believe she's looking into this.

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