If my husband signed our marriage license with fake witnesses, does this make the marriage legal if already filed?

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If my husband signed our marriage license with fake witnesses, does this make the marriage legal if already filed?

I now want to seperate but I don’t know if i need to get a divorce or annulment.

Asked on May 1, 2012 under Family Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under most state statutes there is no legal requirement that there actually have to be witnesses to a marriage ceremony perfomed by a licensed minister, judge, or licensed person. The requirement of a witness is simply an old tradition usually the best man or maid/maitron of honor being in attendance as the witnesses.

As long as the person who performed your marriage was licensed, the "fake witnesses" that you have written about would most likely not invalidate the marriage in most if not all states in this country.

I suggest that you consult with a family law attorney further about your desire to dissolve your marriage from your spouse and the best means to go about it.

 


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