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Health & Fitness

Putative spouse? I'm I legally married?

Lisi, Neighbor

The answer to this question will vary depending where you got married.  In general the entire United States requires that you have a marriage license as part of your nuptial ceremony, whether officiated in a church setting or city hall.  Exception:  If you got married in another country and that country considers your marriage legally binding, then the United States will consider your marriage legal.  

I have had some cases, where a couple gets married without that marriage license and they genuinely believe their marriage was legal.  They are then surprised to learn that after so many years and a few kids later, their marriage was not valid.  Can they divorce?  It is possible to proceed with a divorce as a “putative spouse”.  Under the Cejas case, the court has to entertain the subjective state of mind of the innocent spouse.  A putative spouse is one who has a, “good faith belief their marriage was valid”.  A finding of putative status give that innocent spouse the opportunity to division of community property  If there is no such belief, each party would be free of the relationship owning nothing to the other.  

Now for those in the U.S. who have married in church, meaning you followed the requirements for the church wedding, but did not have the marriage license, your are legally married in the eyes of the church, but not in the eyes of the law of the United States and once again the court would have to consider if you qualify as a putative spouse for division of property.  

Warm Regards,

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Lisi Munayco

Attorney & Certified Mediator

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www.munaycolaw.com

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