What to do if their are no papers to be found that validates a marriage?

UPDATED: Sep 11, 2012

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What to do if their are no papers to be found that validates a marriage?

My boyfriend was married before, or at least he thought he was. When he and his ex went to the county court to file for divorce there was nothing on file for their marriage. He then contacted the state and again, received a paper stating there was no marriage on file. So he went to the church where he was married and nothing again. So they just went their seperate ways.What if we wanted to get married? What does he do legally now? We are aware that there are papers to file if this happens. But these papers seem un neccesary considering they are not looking to validate their marriage. Do they have to make the marriage leagal in order to seek a divorce or should he just let it be?

Asked on September 11, 2012 under Family Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I suggest that your boyfriend go to the department of vital statistics where he presumably received a marriage license to get married where it appears that whomever married him and his spouse failed to file the marriage certficate as required by the laws of all states.

Your boyfriend needs to get a divorce decree regardless of the fact that he does not have a marriage certificate. The last thing he wants is to have something come forward stating that he is married to two different people at the same time. I suggest that he consult with a family law attorney further about his matter.

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