If a marriage liscence is not registered, is the marriage still valid?

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If a marriage liscence is not registered, is the marriage still valid?

Approximately20 years ago a wedding was performed but the county that issued the liscence is not reveiling if the marriage lisence is recorded.

Asked on August 1, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

In order for marriage to be valid, there must be (1) a man and woman, (2) who consent, (3) get a license, (4) and carry through some form of solemnization.  It doesn't matter if the county lost the license as long as there was one. 

Even if there was never a license, there is still what is called a "putative marriage" which if proven--is treated pretty much just like a marriage.  Spouses are putative spouses if one of them had a good faith belief they were married and there was some sort of ceremony. 

It sounds like you are looking for some sort of loophole to the marriage here, but even if there never was a license--it sounds like there is at least a putative marriage.

Best of luck.


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