Am breaking up with my girlfriend of over 5 years . At the end of the second year, we both went down to the dmv and got a marriage license form, went home and signed it but never took it back in . I had soon moved out of state but we continued to see each other for the next three years. Am afraid she might file the license just out of spite as she has the document. we never held any joint accounts, taxes were filed as single, don't own any joint property. The most we have jointly is the utility bill for her place. I do not see any filed marriage records in my search as of now.
Is there a way to make sure she does not file now or is invalidated if she attempts it?
If she files a marriage license application without your consent, then likely the marriage would be voidable. Consent is a requirement for a valid marriage. She also may be guilty of fraud if she files without your consent. It is also possible that the application requires a notarized signature or may be required to be signed when filing. Thus, there may be some protections built into the application itself.
I'm not sure that there is anything you can do. You obtained a marriage license and you signed it. That appears to be all that is necessary to create a valid marriage. Although the Clerk and Recorder will charge a late fee to register a marriage license more than 63 days after the marriage is solemnized, I don't see any hard limit regarding when the license has to be recorded to be valid.
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