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If we were married in Arizona and the certificate was handed to us after the ceremony to file ourselves and we never sent it in.

Kingman, AZ |

The pastor told us that it was our responsibility to file the certificate in which we signed as well as two witnesses. and the pastor. We never mailed it in however, but separated two months after getting married and was glad it was never filed. So are we married or are we not? The pastor never filed anything either, we checked.

Attorney Answers 2


You are married. If you don't want to be, you will need to get a divorce or annulment.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. The author is licensed to practice law only in Arizona.

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You are married. To pretend that you are not has potential civil and criminal consequences.

AZ is a community property state. This means that you are both equally liable for the debts of the other. It means that you are each entitled to 50% of the retirement benefits and other assets acquired during the marriage.

If either of you remarry without first divorcing, you will have committed the crime of bigamy and the second marriage can be voided.

You both signed an application for a marriage license and the license was issued. There is a record of the license being issued. There are at least 2 witnesses who saw you get married, plus your spouse.

If you do not want to be married, you need to file for divorce. Don’t play games. You are married.

Patrick Sampair
The Sampair Group, PLLC

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