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If there is no record of a marriage filed with the city and state that you are married in, do you have to go through divorce?

Asked almost 2 years ago - Scotch Plains, NJ

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I no longer wish to be married. Would have to file for divorce or can I just walk away?

Attorney answers (2)

  1. Contributor Level 9

    1

    Lawyer agrees

    Answered August 24, 2011 11:00. I agree with the first poster just because no record can be located does not mean you are not married and do not need to get a divorce. If you were married, you need to get divorced. If you simply walked away and someday the record was located as it inevitably would be you could be on the hook for all kinds of debt and who else know what. I would proceed to divorce. Good Luck!

    Christina

    Legal disclaimer: This message does not constitute legal advice and is for informational purposes only. This... more
  2. Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered August 24, 2011 05:04. If you were legally married, the fact that you can't find the records doesn't void your marriage. If you have a marriage license, there's a record somewhere and you will have to obtain a divorce to end the marriage. On the other hand, New Jersey does not recognize common-law marriage, so if you never obtained a marriage license, you are not married.

    IMPORTANT LEGAL NOTICE: Ms. Brown’s response to the question above is not legal advice and it does not create an... more

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