Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

For those of you who were previously married - or whose fiance's were previously married...

what did your church require? We actually told my priest that my FH wasn't married before (because he wasn't married in a church before), but we're afraid because apparently the marriage license will rat us out.... it will say that it's his second marriage!

Any suggestions?!?!

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

Sarah,

Unfortunatelly...stupid mistake or not, your FH was married and divorced.

He will need a copy of his divorce paper and declare it on the mariage license.

I am getting mine from another state also.

It is illegal NOT to declare his previous mariage. That would almost be concidered 'fraud' and that would be lying.

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

I don't think that would be a good idea - it sounds illegal to me - you would be falsifying information. If he was married before, he was married before. It wouldn't matter if it was in another state, or for that matter another country. Bigamy is illegal in the US, so you have to prove that neither of you were married before - and if you were- that you have a legal divorce. Your FH is going to have to get a certified copy of the divorce certificate from whatever state is was issued in.

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

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Posted by LaurenluvsTJ

I don't think that would be a good idea - it sounds illegal to me - you would be falsifying information. If he was married before, he was married before. It wouldn't matter if it was in another state, or for that matter another country. Bigamy is illegal in the US, so you have to prove that neither of you were married before - and if you were- that you have a legal divorce. Your FH is going to have to get a certified copy of the divorce certificate from whatever state is was issued in.

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Okay... so it doesn't matter that it was in another state (sorry.. I'm so stupid with this stuff). Who do I contact to get this stuff?

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

Find out what county he was married in.

Call the court (civil division) for that county and ask how to get a certified copy of divorce paper. The court and requirement may very from one state to another.

For mine, I have to send a request letter with both names (my ex and mine), date of divorce, money order, self address enveloppe.

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

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Posted by sr081906

Find out what county he was married in.

Call the court (civil division) for that county and ask how to get a certified copy of divorce paper. The court and requirement may very from one state to another.

For mine, I have to send a request letter with both names (my ex and mine), date of divorce, money order, self address enveloppe.

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Check the website for that state - there is a good chance there will be information on how to go about obtain documents.

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

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Posted by LaurenluvsTJ

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Posted by sr081906

Find out what county he was married in.

Call the court (civil division) for that county and ask how to get a certified copy of divorce paper. The court and requirement may very from one state to another.

For mine, I have to send a request letter with both names (my ex and mine), date of divorce, money order, self address enveloppe.

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Check the website for that state - there is a good chance there will be information on how to go about obtain documents.

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It was not that clear for my state but that's a good start..

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

DH's marriage was actually annulled, and he didn't think he needed to declare he had a previous marriage, because in the eyes of the law, the marriage was null and void as if it hadn't happened. I made him bring his annulment papers anyway and mark it down on the marriage license application. Better to be safe than sorry....

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

FH was divorced, but never married in a church. Our priest wanted to see the actual divorce papers before he would agree to doing the ceremony for us. Better to be honest about the whole thing. Good luck!!!

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

We were honest with them. FH was married before in Vegas...church wouldnt marry us unless it was annulled which can take up to a year or more. We are not getting married in a church because of it.

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

There are 2 issues.

The mariage licence
and
The church

You don't have to be married in a church to be married but you have to be honest when getting your mariage licence. This is a legal document and if they find out about a previous mariage they could reverse the whole thing. It is purgery to declare false information.

That being said, the chuch may still marry a couple if the previous mariage was not performed in a catholic church. Otherwise you will need an annulment.

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

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Posted by ahall04

FH was divorced, but never married in a church. Our priest wanted to see the actual divorce papers before he would agree to doing the ceremony for us. Better to be honest about the whole thing. Good luck!!!

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Our church would want to see 'proof' that the marriage 'wasn't in a church'. How do you prove that?!?!?!

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

We had to put where our ceremony was on the marriage license application and I think it says it on the certificate. He can get a copy of the marriage license from the town he applied for it at.

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

You asked:

Our church would want to see 'proof' that the marriage 'wasn't in a church'. How do you prove that?!?!?!

Unfortunately it doesn't matter if you were married in a church or not, you still have to go through an annulment process which takes a while.

I would got to the priest and tell him that your FH was married, divorced and his marriage is annulled. Since it is null and void you thought it didn't exist so you didn't think you had to mention it. Then he may just ask for some paper work and you guys should be OK!! But just to let you know a state annulment and a church annulment are two different things.

Good Luck!

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

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Posted by de35769

You asked:

Our church would want to see 'proof' that the marriage 'wasn't in a church'. How do you prove that?!?!?!

Unfortunately it doesn't matter if you were married in a church or not, you still have to go through an annulment process which takes a while.

I would got to the priest and tell him that your FH was married, divorced and his marriage is annulled. Since it is null and void you thought it didn't exist so you didn't think you had to mention it. Then he may just ask for some paper work and you guys should be OK!! But just to let you know a state annulment and a church annulment are two different things.

Good Luck!

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nooo... I don't think he has to get an anullment if he wasn't married in a church! They went to a justice of the peace and got married. I think the church just requires a divorce... not an annullment, right??!?!

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

There is no annulment for his case. He could if he had be 'forced' into mariage, mentally incompetent, etc...

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

I think if I understand your question correctly, you are asking whether the church will require your husband to get an annulment of his first marriage before they perform your marriage since his first marriage was only a civil ceremony.

When I got married I got a marriage certificate from the state and then a separate marriage cerificate from the church. IMO I think the church only recognizes a church marriage certificate for purposes of having to get an annulment. If your husband didn't get married the first time in the church, I don't think there would be anything for the church to annul? But this is based on nothing other than my gut feeling.

I think your best bet if you are set on getting married in a church would be to be honest with your church to see if they will require an annulment. If they do, this could potentially take up to a year to process. That's what happened to my brother-in-law.

Good luck!

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

Unfortunately, I have the entire low-down on this...

FH was married in Catholic Church. I was married in a Methodist Church.

We are currently undergoing the rigorous process of being able to be married in the church and here is how it goes:

1. If he wasnt married in a Catholic Church, there is what I refer to as the 'short form' annulment. I am going through this. You go to your local parish and fill out a form attesting to the fact that you were not married in a Catholic Church and you need to have 2 witnesses confirm... with their signatures notarized. The church approves it, then you can schedule the wedding.

2. If he was married in a Catholic Church, he has to go through the annulment process. Meaning, he has to prove to the catholic church and take an oath that the marriage should have never happened in the first place. It is a one year process and he has to write 10-12 page statement and 4 witnesses have to write statements as well.

Many ppl opt not to go this route, if they cannot testify that the marriage should have never happened. In My DH's case, it clearly should not have happened and he is more than willing to take oath to that and write 100 statements if he had to.....

3. I would NEVER lie on a marriage application... it could null and void the wedding.

Good Luck... FM me with questions....

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

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Posted by sarahradio5

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Posted by de35769

You asked:

Our church would want to see 'proof' that the marriage 'wasn't in a church'. How do you prove that?!?!?!

Unfortunately it doesn't matter if you were married in a church or not, you still have to go through an annulment process which takes a while.

I would got to the priest and tell him that your FH was married, divorced and his marriage is annulled. Since it is null and void you thought it didn't exist so you didn't think you had to mention it. Then he may just ask for some paper work and you guys should be OK!! But just to let you know a state annulment and a church annulment are two different things.

Good Luck!

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nooo... I don't think he has to get an anullment if he wasn't married in a church! They went to a justice of the peace and got married. I think the church just requires a divorce... not an annullment, right??!?!

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In our situation, FH didn't need to get an annulment. We are getting married in an Episcopal Church and they do not require him to have to go through that. Our priest wanted to see the divorce papers so that he could see the circumstances of the divorce, ask FH questions about it (acutally he grilled him!) and verify the date that it was finalized. Then after all was good with our priest, he had to write a letter on our behalf to the bishop who would approve my FH getting 'remarried'. Apparently they do not believe in divorce, but they believe in remarraige. So, long story short, FH did not have to get an annulment. If that was required, we would not have gotten married in a church as I do not believe in annulments... it says the marraige never took place and it is my belief that if he did not have the first marraige, he might not be the person I am in love with today!!!! Good luck!

Re: Does anyone know about the legalities of first marriages/divorce when it comes to the marriage license?

I dont think its says on The license thats its his second marriage.. I did the same thing with my priest