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Am I really married or what?!

  • Thread starter Thread starter fun1az
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fun1az

Guest
What is the name of your state?What is the name of your state? Arizona
My wife's divorce was signed by a judge on May 22, 2001 and filed and stamped by the clerk on May 28, 2001. We got married on May 19, 2001 and it was filed and stamped by the clerk on May 29, 2001. Are we really married or not? If not, what do we need to do? Thanks!!
 


mandy7181

Member
I dont think the marriage is valid because u got married before the divorce was finalized. Most states have a waiting period after a divorce in which u cannot get married again
 

BelizeBreeze

Senior Member
After 7/22/66, there are no restrictions against remarriage following a divorce decree.

There is a 60-day waiting period before a Decree of Dissolution of Marriage may be signed by a judge. This time starts to run from the date the person is served or accepts service.

If a response is filed to a Petition, then the case must be scheduled for a trial before a judge, who will hear the case and decide the issues and grant the dissolution of the marriage. The parties may enter into a written agreement and submit that to a judge instead of having a trial.

A divorce may not be granted by mail. At least one person must attend a final hearing at which time a judge signs the Decree of Dissolution of Marriage. Once the Decree is signed, it is filed with the Clerk of Court immediately and the divorce is final. There is no further waiting period.


Based on your post and Arizona law, you WERE married to a bigamist. However, it lasted for only three days. And, although it could have been voided during that time, the condition to void no longer exists.

Therefore, my only advice to you would be to contact an attorney in your area for a final opinion.
 

JETX

Senior Member
Bad news.... and I disagree with Breezy.

In Arizona, you have to apply for a marriage license. The process requires that an affidavit, under oath, be made by both parties. This affidavit includes the statement that at the time of application, the affiant is NOT married. Based solely on the information in your post, the affidavit of marriage was not correct..... and as such, the license is likely invalidated.

To get a final determination, I would suggest that you talk with a local attorney to review the facts.

BTW, the applicable AZ statutes are at:
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=25
 

BelizeBreeze

Senior Member
naaaaaaa. We don't disagree. At least not on the salient point of seeing a local attorney.

The question will be "Is the license error enough to void the marriage".

Now, if this was Arkansas I would have to answer no. Hell, marrying your brother AND his son ain't enough to void the marriage. But in Arizona it may be. :D

And hence, the agreed on point. see a local attorney.
 

JETX

Senior Member
But we ARE in disagreement on the post....

You said, "Based on your post and Arizona law, you WERE married to a bigamist. However, it lasted for only three days. And, although it could have been voided during that time, the condition to void no longer exists."
The obvious implication in your post is that their marriage could have been challenged if done during the 'marriage overlap'..... and that since it wasn't, the marriage would now be valid. That is NOT correct (and don't know any state where it would).

The fact is the license itself (depending on a full review) was likely issued on a false affidavit.... and thereby void. And if that is the case, the entire marriage could be invalid.

Bottom line.... in my opinion, and based on the facts in the writers post, they do NOT have a valid lawful marriage. Though, nothing that a quick trip to Las Vegas wouldn't cure!!!
 

stephenk

Senior Member
Buddy, here is your chance to get out of the relationship and not even go through another divorce. The marriage is VOID! Yeehaa!!!!
 

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