Breaking up with girlfriend. Can i prevent her from turning in a marriage license we both signed but not filed?
Is there a way to make sure she does not file now or is invalidated if she attempts it?
2 attorney answers
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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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.