What happens if you don't turn in a marriage certificate?

[Bird222]

I don't want to get into a discussion about not marrying the person in the first place, that's obvious. I want to know legally want could happen if you get married but don't actually return the signed marriage certificate to get filed? Could your 'spouse' still get her name changed to yours? If you split up, would you still be liable for alimony? Would you still have to split your stuff? Could you get in trouble for not turning in the certificate? Etc.

 

[Jimzz]

If it has been signed by both but one destroys it for their own gains I am sure they could be held liable for that action and the marriage, if witnessed, would still be legal.

Thats why they have annulments.

 

[MagnusTheBrewer]

If it has been signed by both but one destroys it for their own gains I am sure they could be held liable for that action and the marriage, if witnessed, would still be legal.

Thats why they have annulments.

There's most likely still still a record. In most religions, the officiating clergy also files with their church so, there's going to be a record accessible to a determined lawyer.

 

[TwiceOver]

You can change your name whenever you want to pretty much whatever you want. The only thing the marriage certificate gets you is a free name change.

 

[Gooberlx2]

Could your 'spouse' still get her name changed to yours?

Spouse can change his/her name to whatever s/he wants, regardless of marriage.

Other stuff probably depends on the state. States with common law will basically consider you as married regardless, even without a certificate, official wedding, etc... Otherwise, you had to apply for a license to get the certificate. So if the license was acquired, a wedding performed with witnesses, and the couple lived and presented themselves as married, the state would probably say they were married.

 

[Bird222]

Spouse can change his/her name to whatever s/he wants, regardless of marriage.

Other stuff probably depends on the state. States with common law will basically consider you as married regardless, even without a certificate, official wedding, etc... Otherwise, you had to apply for a license to get the certificate. So if the license was acquired, a wedding performed with witnesses, and the couple lived and presented themselves as married, the state would probably say they were married.

Just to clarify, I am talking about states that don't recognize common law marriage.

 

[Gooberlx2]

Just to clarify, I am talking about states that don't recognize common law marriage.

Even so, if you went through the rigmarole of getting a license, having a ceremony and presenting yourself publicly and living privately as married - and especially if you file taxes jointly, the state's gonna say you're married. Or rather, that's what the ex's lawyer is going to argue, and the state will agree.

 

[Humpy]

I want to know legally want could happen if you get married but don't actually return the signed marriage certificate to get filed?

It's not a certificate (i.e. nothing is certified) until it is signed and filed. If it is signed and still exists it could be evidence in a court case. If it has been destroyed or lost without evidence of it ever existing then it essentially doesn't exist other than in statements.

Could your 'spouse' still get her name changed to yours?

Sure. I have an awesome name.

If you split up, would you still be liable for alimony?

Only if you are married by law.

Would you still have to split your stuff?

If you agree to, or a court requires you, yes. If not, no.

Could you get in trouble for not turning in the certificate?

Depending on the circumstances, yes. If there was an intent to deceive you could be subject to civil penalties. If there was an intent to commit fraud you could be subject to criminal penalties, etc.

 

[alkemyst]

Here I believe the official marrying you takes the certificate and handles returning it.

Also just being married <> alimony.

In most states, you'd have to be in a long term marriage (10+ years) to get anything even guaranteed.

 

[mcvickj]

I recently got married in Michigan. The county gave us three copies to be signed the day of the ceremony. The pastor was responsible for filling them all out and mailing in two of the copies. One went to the state, the other to the county and the third was for our records.

 

[doubledeluxe]

Its a legal contract. Odds ate you signed multiple copies. Only one has to exist.

 

[alkemyst]

I recently got married in Michigan. The county gave us three copies to be signed the day of the ceremony. The pastor was responsible for filling them all out and mailing in two of the copies. One went to the state, the other to the county and the third was for our records.

This.

The official (I have been married twice in Florida), gets/needs the license. They then do the ceremony and finish it, then send it back to the state/county/wherever.

 

[Atomic Playboy]

Yeah, it's on the officiant to file all the paperwork. If they fail to do it, they get in trouble, but you're still considered married by the state (although you might need to redo the paperwork if it was lost/destroyed).