Marrying Someone Who’s Still Married – Michigan Law

You’re either getting hitched or attempting to do so. You learn that you are still legally married to a former spouse. You were young. You got married to someone. Years passed after your divorce. Your recollection of your marriage started to wane. You’ve started dating again. You got hitched and now you’re thinking of divorce (again). You have a hazy memory of an earlier union. How are you divorcing someone when you are still legally married to someone else?

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You should speak with a lawyer. Find out what is necessary for you to be able to get married. A prior marriage may render your current union invalid. Learn the status of your prior union. Consult your lawyer about your choices for handling the prior union. Will there be a necessity for separation? States may have varying regulations. To start a new union, you must dissolve the one you already have.��������������

How do you verify if you have a marriage or divorce record?

For your purposes, you need current vital records. You should be aware that access to vital records is regulated in Michigan. This is because of the private information they hold. Marriage and divorce records are with the Michigan Department of Health and Human Services or MDHHS. One hundred years after being released, they are regarded as public.��

You can send the information needing verification to the Vital Records office. You can send a verification without having to meet any eligibility requirements. All you need is confirmation that a certain record exists. You can request a certified copy of a certificate. You must prove clear and legitimate interests in the record. You must have a relationship with the person or people named on it. Or, you are acting as their legal representative.

One of the three key documents that come out of a divorce case is the divorce decree. A divorce certificate and divorce case record are the other documents. Parties can save time and money if they are aware of these documents and the functions they fulfill.

A divorce certificate is a legal record that attests to the termination of a marriage. The document lists the names of all parties. It indicates the location of the marriage dissolution. It also contains the date the divorce was officially finalized. The divorce certificate contains the least information. This is in comparison to a divorce agreement or decree. Only the parties who were divorced and their attorneys can get a divorce certificate. State laws vary and some like Michigan let others get this record. This is the document you’re looking for to confirm if your divorce was finalized.

A divorce decree reflects the court’s ultimate decision in the divorce case. The court issues and the judge signs the divorce decree after the divorce process. A divorce decree lists all the terms of the divorce. It includes child custody, the distribution of assets, and the amount of support. This can be requested from a custodian’s office. You can request this to change the terms of your divorce.

Michigan divorce records or dissolution of marriage documents provide all divorce information. The decree and certificate from the divorce are included in the divorce records. A divorce record can be used as a case file. All parties to the divorce maintain this file. They might be asked to make changes after the case is resolved. In Michigan, divorce records can be obtained by filling out and submitting a request form. Submit the request form together with the required fee.

Records are available since 1867. Any individual may request a search. Court documents include information about divorces and marriage dissolutions. As a result, they are searchable on independent public record websites. Divorce documents may contain private information about children and assets. even delicate criminal details like domestic violence. The intimate nature of divorces makes the availability of divorce records low. Lower than that of other forms of public records. Divorce records are much more difficult to locate and search for.

Divorce proceedings filed in Michigan before 1897 are open to the public. Divorce documents are typically sealed from the public. Records created after 1897 can still be obtained. It can access through the state vital records office in person or by mail. Michigan lacks a central site. There’s no repository where people may look up or access important information. Information like marriage and divorce records online. The MDHHS or the court that authorized the divorce are the only options left for you. You must visit or get in touch with them to access marriage and divorce records.

For mail-in orders, the normal document processing period is 4-5 weeks. The expedited processing time is 2-3 weeks. This excludes mail time or payment processing through the MDHHS accounting department.

What is the effect of an existing marriage on a new marriage? To a divorce?

You are not permitted to get married in Michigan until your divorce is finalized. It would be illegal to have a second marriage. Polygamy is a crime in Michigan. It is committed if a person intentionally tries to remarry while still married. Remarriage is not restricted in Michigan after your divorce is finalized. The court can sign your final divorce decree and then conduct a civil ceremony to marry you. Marry you to your new spouse right away.

If you are still married or have not finalized your divorce, any marriage will be void. Michigan courts will not see marriage as a bond of the relationship. What they will see is a case of bigamy or cohabitation. Whatever claims you believe you are entitled to as spouses cannot be granted. You can talk about child custody and support but not alimony or property division. This can be quite difficult for women who grew up in very closed-off religious societies. Or families that discourage working mothers. Few of these women have skills that can be used to sustain themselves and their kids. In the event of a divorce.

There are potential outcomes resulting in the offender being punished. This is when the second spouse becomes a romantic partner. Sanctions can be in the form of fines, time in jail, or a mix of both. The second spouse’s knowledge is still another important component. Even if just one of the partners commits bigamy, the state may nonetheless find both of the partners guilty. This is if the romantic partner is aware that they have another valid marriage. When awareness is present, the rights of the second spouse are nonexistent. The longer a couple is married unlawfully, the more likely it is that they will face penalties. Penalties can include incarceration or fines.

Your marriage is still valid. What can you do?

End the marriage. Talk to an attorney and describe what you have. This is important if you have already verified that you are indeed still married. Remember whatever marriage you have now will be void in the eyes of the law. The marriage you have now is not legal.

If you have started the process already but forgot where you were, consult your lawyer if you can proceed where you left off. You may not have filed a divorce case after all. This is probably why you can���t remember being divorced. File the complaint as soon as possible and serve the appropriate summons. It does not matter who files the divorce complaint first anyway. Talk to your attorney if you anticipate the process will be contentious so your lawyer can prepare the best approach to a speedy divorce.��

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.