If I got married in another state and never applied for a marriage license my home state and the marriage certificate was never filed in my home state, am I legally married?

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If I got married in another state and never applied for a marriage license my home state and the marriage certificate was never filed in my home state, am I legally married?

Asked on June 17, 2015 under Family Law, Mississippi

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The rules of the state where you actually got married will control.  It doesn't matter that you did not apply for a license in your home state.  If the state where you got married says their rules were substantially complied with, then you are legally married.

However, just because you were married in another state, it does not mean that you have to get divorced in that state.  A divorce action, if any, would be filed where the parties resided at the time of the dissolution of the marriage.


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