Annulment without a marriage license Best answer on the web
Posted in: darrelrussell.com edit
08 Jan 2009
tutuzdad-ga
Thank you for allowing me to answer your interesting question. Initially my understanding of your question was that your estranged ?spouse? had obtained a marriage license but did not return the license to the registrar in the time allotted, thus your question revolved around whether or not the marriage ceremony solemnized a valid marriage. Now that I?ve read your clarification and have a new understanding of what it is you are asking about, I believe I can adequately answer your question with definitive information. Bear in mind that our answers are not intended to substitute for professional legal advice and what I am telling you is merely a matter of published law. The best advice of course would come from an attorney licensed to practice family law in the state of Ohio. Here goes:
To begin with, the fact that you are residents of the State of Georgia is entirely irrelevant to your question. What took place in Ohio is governed by the laws of Ohio and any rules, regulations, laws or statutes of the State of Georgia have no jurisdiction in the matter whatsoever.
With that in mind let?s examine that the laws of the State of Ohio say on the matter:
In setting forth the rules for a legal marital union Ohio Revised Code opens the statute with the following simple statement (I will capitalize portions here for emphasis purposes only):
?The parties to a marriage SHALL make an application for a MARRIAGE LICENSE.?
3101.05. License application
ANDERSONS OHIO CODE
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/13307/13309/1331f?fn=document-frame.htm&f=templates&2.0#
Clearly, if this legal obligation is not met (and it your case it was not), no legal marriage can logically take place. The statute goes on to make other pertinent issues necessary for the legalization of a marital union (Again, I will capitalize portions here for emphasis purposes only):
?EACH OF THE PERSONS seeking a marriage license SHALL PERSONALLY APPEAR IN THE PROBATE COURT within the county where either resides, or, if neither is a resident of this state, where the marriage is expected to be solemnized.? -- If you have not met this legal requirement (and you didn?t) you have obviously not fulfilled the minimum requirements necessary to become legally married.
?If neither party is a resident of this state, the marriage may be solemnized only in the county WHERE THE LICENSE IS OBTAINED.? -- If you did not obtain a marriage license in the county in which the ceremony took place (and you didn?t), you have not fulfilled the statutory requirements necessary to become legally married.
?EACH PARTY SHALL MAKE APPLICATION and shall state upon oath, the party's name, age, residence, place of birth, occupation, father's name, and mother's maiden name, if known, and the name of the person who is expected to solemnize the marriage.? -- If you did not make this oath at the county Court in which the ceremony took place (and you didn?t), you have not fulfilled the statutory requirements necessary to become legally married.
There are other issues similar to these too but I?m sure you have enough evidence now to rule out the question as to whether your ?marriage? is valid or not. With that in mind, your estranged ?spouse? cannot claim that he has entered into a common-law marriage with you because this ?ceremony? that took place in the state of Ohio. Why? Because the only common-law marriages Ohio recognizes are those that were entered into prior to October 10, 1991 or those that arose in another state according to that state's laws (and you CAN?T be in a common-law marriage with him in YOUR home state because Georgia repealed its common-law marriage statute, [GA. CODE ANN. 19-3-1 and 19-3-1.1] which voids any common law marriage claimed to have been contracted on or after January 1, 1997).
OHIO STATE BAR ASSOCIATION
http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=14
COMMON LAW MARRIAGE
http://ct-divorce.com/Commlaw.htm
Moreover, such a relationship is not only prohibited by state statute, but it is also prohibited by the State Constitution.
Ohio Revised Code section 3101.01(4) says:
?Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.? DOMAWATCH.ORG
http://www.domawatch.org/stateissues/ohio/index.html
Furthermore, the Constitution of the State of Ohio (via 15.11 Marriage Amendment) prohibits any marital union that does not conform to the legal union set forth by state law. The amendment says in part:
??This state and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.? OHIO CONSTITUTION ARTICLE. XV, SECTION 11 (approved by the electorate on November 2, 2004): http://www.legislature.state.oh.us/constitution.cfm?Part=15&Section=11
With all this publicly available information in mind, one cannot undo that which has not been done. In other words, you cannot legally dissolve a marriage that never legally took place. Having said that, not only is there no NEED to annul the ?marriage?, THERE IS NO MARRIAGE to annul. As a matter of fact, there?s not even a legal provision for such an annulment. Some religious beliefs however have differing views on the solemnity of marriage government statutes notwithstanding, so depending on one?s religion (if you are so inclined) there may be some actionable measures that one?s church, synagogue, temple or other congregation or clergy can (i.e., could or should) take based on your affiliation?s doctrine that provides for a religious annulment of some sort, but as far as legal provisions and obligations, it appears that there are none. In short, you cannot tear down a house that was never built.
I hope you find that my answer exceeds your expectations. If you have any questions about my research please post a clarification request prior to rating the answer. Otherwise I welcome your rating and your final comments and I look forward to working with you again in the near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga ? Google Answers Researcher
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Regards;
tutuzdad-ga