If I was married and there is no record of the certificate on file, do I still have to go through a divorce?

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If I was married and there is no record of the certificate on file, do I still have to go through a divorce?

I was married 15 years ago. My husband and I separated after a year and have lived the past 15 years as single. When I checked to get a copy of the marriage cert to obtain a divorce, they couldn’t find a record of it. So if I want to get married now, do I have to go through an actual divorce and if I don’t do that can I be arrested for bigamy if get married with an official divorce decree?

Asked on May 15, 2012 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the marriage was officiated and a license signed I would not take the chance that your new marriage would be legally void.  So yes, I would go through the process of getting a divorce beofre you get married.  Good luck.


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