Q: Is a wedding performed by an officiant in Colorado binding if the marriage license is never submitted to the state?
My girlfriend and I planned a small wedding with an officiant we had hired. A few weeks before the wedding I started having second thoughts and told her that I couldn't go through with it. We eventually agreed to go through with the ceremony and have some photos taken so her family in another country would believe that the wedding had actually happened, saving her the embarrassment of telling them that we called it off. We agreed that we would just not send in the marriage license thinking that the wedding would not be legally binding in any way if we destroyed the license.
Now she is telling me that someone told her that we are legally married even though the marriage license has not been submitted to the state. Is this true? Does the state even have a record of the marriage taking place without the signed license? If we are indeed legally married, I need to know so I can file for an annulment. What do the laws in Colorado state regarding this situation?
Thank you.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (719) 344-5523
- View Profile
- Answered
A: If you held yourselves out as spouses then you could be considered to be common law married in which case you would need a state proceeding to dissolve the marriage.
Michael Joseph Larranaga agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- View Profile
- Answered
A: Common law marriage is a fact intesive analysis. You should contact an attorney. if you did in fact put yourself into that category then you can apply for a divorce. It sounds like you are both on speaking terms so now is the time.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
