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tracytructracy

Need Help, please ! Just found out we're not legally married

12 posts in this topic

In 2002 we went to Kent County court to get marry .  Me and my love ( I always said my husband and I) had all kind of ceremonies, receptions, in church, too. After all that year we been filed tax and everything together as husband and wife .

Two weeks ago I applied for a passport and it asked for Date of Marriage, I wasn't sure the exactly date because I consider the date we got married in church is the date but it have to be the date at the court.  I never have a marriage certificate and I never thought I must have one because we went to the court for paper work  .  It been a long time and I never know that we were not legally married because Kent county clerk couldn't find our record, they said we were not legally married because we never return the form ... required for the marriage license .  

We thought we were married for all those years, we filed everything together, now what do we need to do to make everything legally ? 

And since we're not legally married do we have to refile the tax ? Do we need to do anything to prove either we are married or single ? 

 

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The celebrant would be the person responsible for signing and filing the marriage certificate.  You seem to indicate you went to the Kent County court to get married and also had a church ceremony.  Were you, in fact, married before a court official at the courthouse or did you only obtain a license there?  If you only got a license at the courthouse you should have given it to the celebrant at the church.  Then he or she should have filed it with the court.  If you had a license and the ceremony was performed by an authorized celebrant you are married.  But the paperwork needs to be completed.  Do you have any recollection of who married you in 2002?

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it been a long time, I don't even remember if I got one of certificate or not, when I call the Kent county clerk, she said that I didn't return the form that expired after 30 days and she said that we're not legally married . 

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1 hour ago, tracytructracy said:

In 2002 we went to Kent County court to get marry .

 

Kent County in what state?  Six U.S. states have a county called Kent (there's also one in the UK, two in Canada, and one in Australia).  Florida (the state that is tagged to your post and I assume where you live) does not have a county called Kent.

 

 

1 hour ago, tracytructracy said:

I wasn't sure the exactly date because I consider the date we got married in church is the date but it have to be the date at the court.

 

Huh?  What makes you think "it have to be the date at the court"?

 

 

1 hour ago, tracytructracy said:

what do we need to do to make everything legally ?

 

First of all, it's not clear that you're not legally married, and we'll be in no position to assess this until you identify the state where your "all kind of ceremonies" occurred.  However, if, in fact, you're not legally married, then you can now get married.

 

 

1 hour ago, tracytructracy said:

And since we're not legally married do we have to refile the tax ?

 

I doubt it (since you apparently had a good faith belief that you were married), but you may want to speak with a tax attorney about this.

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26 minutes ago, pg1067 said:

I doubt it (since you apparently had a good faith belief that you were married), but you may want to speak with a tax attorney about this.

 

A good faith belief in being married isn’t good enough. Either the couple was married as of the last day of the tax year or they were not. If they were not then filed married filing jointly or married filing separately is not an option, regardless of what you believed at the time. The good faith belief because of the ceremonies, etc., would avoid criminal prosecution and most penalties, but the returns would still need to be amended for those years for which the statute of limitation for assessment/refund are still open if the filing status was incorrect.

 

But the issue of whether the marriage is in fact valid needs to be addressed first, and without knowing which state’s law applies and all the facts it is not possible to say whether it might be valid.

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7 minutes ago, FindLaw_RE said:

Let us know what state you are in, and we can offer further legal guidance.

 

We need to know the state where the marriage took place (assuming it is different from the OP's current state of residence).

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HI tracy^^

 

I just don't know the answer, I just make a random guess. I guess. 

 

 

In my country, not US,  

We have building built by architect design, and building without ..

Building without architect design, does not yield ownership, cannot register for ownership of that particular property.

Therefore if third party occupant intentionally occupied the unlicensed house, without ownership,  the original builder of the unlicensed house cannot drive away third party occupant through court dispute and court order. 

The original builder, is vulnerable to other's deliberate occupancy.  have a hard time to drive away intruders' occupancy through court since the house is not legally built 

Thus protection is very limited..

 

 

 

I know its a bit off topics u ask....but since I do not really know US. Law.

In my country, we used to have old marital articles, which specifically address about due process of marriage,....

In my country, as long as the marrying process is "public held" , then the marriage, without marital office registration,  would still be legalized.  But it didn't  really show marital status on the back of our ID card with spouse name on it.

This create great confusion, because a few married ,typically man, would date with newly date and go to register marriage with newly date,  which may caused bigamy

 

It caused the question, which marriage should be protected?

The newly dated could be innocent because he /she just has no clues of marital status of one whom he/she has been dating with.

 

so later the marital law revised and changed idea of "public held "

to registration process, ." Affirming the only way to have  valid  marriage is  through registration, " to solve the issues..

 

 

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Akulamasusu,  why did you reopen a thread that ended about five months ago to say you  don't know the answer?  Then you rambled on about the way things are in your unidentified country.   This response, and others you have posted elsewhere, add nothing to the conversation and are of no use to the poster.  

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10 hours ago, akulamasusu said:

I just don't know the answer, I just make a random guess. I guess.

 

Please stop resurrecting old threads for the sole purpose of displaying your ignorance.

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21 hours ago, RetiredinVA said:

Akulamasusu,  why did you reopen a thread that ended about five months ago to say you  don't know the answer?  Then you rambled on about the way things are in your unidentified country.   This response, and others you have posted elsewhere, add nothing to the conversation and are of no use to the poster.  

 

I didn't know it's old thread until u remind me , thank you ....

 

I guess I just do not too much knowledge of American law, so I can only make a random guess,

if that answer would be "similar to that of my country"?  I know its really a bad move or wrong move.

Perhaps I just hope sometimes it by luck to be the same...

 

But I cannot deny most of what you said is correct, since since two countries' article are different.

Thanks for notifying, I just realized it's old thread......I just realized i resurrect old thread..

I guess I just try to answer, but in fact I don't have any knowledge of  American Law,  I am just learn from you guys about American Law...The only way , I can communicate with poster is only through my country's

law perspective ,....or else I have nothing to speak ..haha........

...On some occasion it does show a minimum degree of similarity , but on most of occasion, it doesn't....

 

NY succession law is  very similar to that of my country. , perhaps, its where my country imported from..

my prof , graduate from Utah law, once ever told us, corporation law in my country  from US model corporation law.

I just do not  know if that true, i haven't look into it yet..

 

But I am still glad to come here and you guys know law well.  and I can learn some American law

from you guys about American ...

...later on I may accumulate some knowledge to be able to do a report about topic on American law or compare and contrast in laws.

 

but it's still very glad to learn from you guys ^^

 

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16 hours ago, pg1067 said:

 

Please stop resurrecting old threads for the sole purpose of displaying your ignorance.

 

ha sorry I just realized what you mean eventually and get you message crossed eventually...I still have to catch up with my English skills.... But thanks anyways ^^

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