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Old 11-06-2012, 10:35 AM   #1
PollySays
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marriage certificate mistake- so?

I've been trying to find proof that this isn't as big a deal as my friend is making it out to be. Surprisingly, I'm having trouble searching an actual site to direct her to.

Her marriage certificate has the wrong address for her previous address, and a misspelling of her old last name.
She's now going insane that she was never actually married, but that a non-existent person is married to her husband.
It's over 5 years old.
I really don't see it as an issue for her to keep worrying about.

Can anyone direct me to something that will cool her down?

Thank you!
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Old 11-06-2012, 10:56 AM   #2
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Quote:
Originally Posted by PollySays View Post
I've been trying to find proof that this isn't as big a deal as my friend is making it out to be. Surprisingly, I'm having trouble searching an actual site to direct her to.

Her marriage certificate has the wrong address for her previous address, and a misspelling of her old last name.
She's now going insane that she was never actually married, but that a non-existent person is married to her husband.
It's over 5 years old.
I really don't see it as an issue for her to keep worrying about.

Can anyone direct me to something that will cool her down?

Thank you!
I would call your local town hall and ask them to clarify things. I mean, worst case scenario, just get remarried legally. If you're in a state with common-law marriage, it won't even matter that much, sine you've been living together and presenting yourselves as married anyway.
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Old 11-06-2012, 11:52 AM   #3
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Quote:
Originally Posted by PollySays View Post
I've been trying to find proof that this isn't as big a deal as my friend is making it out to be. Surprisingly, I'm having trouble searching an actual site to direct her to.

Her marriage certificate has the wrong address for her previous address, and a misspelling of her old last name.
She's now going insane that she was never actually married, but that a non-existent person is married to her husband.
It's over 5 years old.
I really don't see it as an issue for her to keep worrying about.

Can anyone direct me to something that will cool her down?

Thank you!
She should speak to an attorney, but I think she will find it's not a big deal at all. If I were trying to calm her down, I would tell her this:

They applied for a license, it was granted, they got the marriage certificate. If it comes before a judge for whatever reason (like if the husband tries to annul the marriage by saying they were never really married in the first place), the court is not likely to jump on technicalities -- there is a paper trail that makes it clear the couple meant to be married, and so the little mistake in the marriage certificate should become a moot point.

If she's still worried, tell her to call up an attorney. She can sometimes get a quick phone consultation for free, and that's likely all she needs to sort it out.
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Old 11-06-2012, 12:01 PM   #4
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You're a better friend than me. I'd tell her it probably means their love is a sham.

But technicalities like that don't mean much of anything. Just like if they misspell your name on your mortgage or something. You still owe the money. It doesn't absolve you of your commitment. There are countless people whose names are misspelled on their birth certificates. That doesn't make them not born.

The worst is that I'm actually listed as the father on the birth certificate for my sister's first born. Yup. Freaky shit. And I'm 99% sure that kid is NOT mine. But my first name is the same as her husband's first name. And my sister has my last name, not her husband's. So yeah, my name is on there. Ewwwwww. Hopefully they got it changed eventually.
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Old 11-06-2012, 12:11 PM   #5
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If she's so worried, why hasn't she called the authority that issued the certificate to ask about the clerical errors?

It was a long time ago, but I distinctly remember the guy at our clerk's office asking us to verify the info on our license and then certificate was correct. If that didn't happen for your friend, I'd imagine they might just re-issue a corrected certificate if she explains the problems, although heavyhitter was right when he said the law looks at fact and intention in a situation like this.
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Old 11-06-2012, 12:15 PM   #6
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Originally Posted by pmann View Post
You're a better friend than me. I'd tell her it probably means their love is a sham.

But technicalities like that don't mean much of anything. Just like if they misspell your name on your mortgage or something. You still owe the money. It doesn't absolve you of your commitment. There are countless people whose names are misspelled on their birth certificates. That doesn't make them not born.

The worst is that I'm actually listed as the father on the birth certificate for my sister's first born. Yup. Freaky shit. And I'm 99% sure that kid is NOT mine. But my first name is the same as her husband's first name. And my sister has my last name, not her husband's. So yeah, my name is on there. Ewwwwww. Hopefully they got it changed eventually.
Oh My God! It's Angie, innit???
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Old 11-06-2012, 01:17 PM   #7
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"She's now going insane that she was never actually married, but that a non-existent person is married to her husband"

Does this mean that her husband is cheating on your friend with the non-existant person or is he cheating on the non-existant person with your friend?
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Old 11-06-2012, 01:19 PM   #8
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The worst is that I'm actually listed as the father on the birth certificate for my sister's first born. Yup. Freaky shit. And I'm 99% sure that kid is NOT mine. But my first name is the same as her husband's first name. And my sister has my last name, not her husband's. So yeah, my name is on there. Ewwwwww. Hopefully they got it changed eventually.
Better call Maury and get that DNA testing taken care of now. If your sister hits you up for child support, you're screwed.
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Old 11-06-2012, 01:31 PM   #9
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Better call Maury and get that DNA testing taken care of now. If your sister hits you up for child support, you're screwed.
I'm totally down for being on Maury. I'm already practicing.

"Y'all don't know me!!! I do whateva I want. Don't judge me."

Then when the test results come out and I'm not the dad...

"I told you! I told you bitch! That shawty ain't mine!!!! Naw bitch! You just be a whore!!! Aks anyone. They know. Aks them."
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Old 11-06-2012, 03:34 PM   #10
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Quote:
Originally Posted by PollySays View Post
Her marriage certificate has the wrong address for her previous address, and a misspelling of her old last name.
She's now going insane that she was never actually married, but that a non-existent person is married to her husband.
My main concern wouldn't be that it invalidates the marriage, but that it might complicate matters if she needs to use the marriage certificate for other purposes.

eg: here in .au, if you're establishing proof of ID, it's common to ask for something like a birth certificate, and legal documentation of name change if your current name is not the same that's on the birth certificate. If you changed name due to marriage, this means a marriage certificate - and if the old name doesn't match the birth name, it might not be accepted for that purpose.
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Old 11-06-2012, 05:47 PM   #11
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Oh My God! It's Angie, innit???
Damn. Clean up on aisle 7, please! OK, Lit wins. All food and drink will be removed from the vicinity of the computer. Wait. Just one more sip of Pepsi before I go back to the regularly scheduled programming, I mean thread.
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Old 11-06-2012, 05:49 PM   #12
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If she's so worried, why hasn't she called the authority that issued the certificate to ask about the clerical errors?

It was a long time ago, but I distinctly remember the guy at our clerk's office asking us to verify the info on our license and then certificate was correct. If that didn't happen for your friend, I'd imagine they might just re-issue a corrected certificate if she explains the problems, although heavyhitter was right when he said the law looks at fact and intention in a situation like this.
This. Granted, I have never been married, but anytime I did anything that needed a certificate (like my passports), I was asked, triple asked to verify all information right there in person. Why wasn't this addressed when the certificate was issued?

That said, yahoo answers and avvo.com (yeah I know... reaaaal reliable) both says that a typo does not invalidate a marriage.
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Old 11-06-2012, 09:49 PM   #13
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It is a legal document, she is definitely married, a mistake on a document, as much as morons who work for state offices will tell you differently, doesn't make them invalid. As someone else pointed out, where you can have problems is if you are trying to use that as proof of id and you get the typical bureaucratic morons that we all know and love from the DMV, other government agencies, banks and the rest of the world God created to make us count our blessings we actually have brains more then sheep were given.....

With mistakes on official documents like that, it usually is pretty easy to get them amended/corrected, usually it involves filling out a form, showing proof of your real name (birth certificate would have your original name, DI your married name) and you can get a corrected copy.I can pretty much guarantee you no one can try and use that to say your marriage isn't real (that only works for those trying to prove Elvis is alive), but as proof of ID it would be good to get that corrected.
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Old 11-07-2012, 06:33 AM   #14
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It depends on your local law.

In the UK there was a case recently about a defective marriage certificate and the questionable legality of the celebrant performing the ceremony.

The judge ruled that since the man and woman intended to marry and went throught what they thought was a legal marriage, even though technically it wasn't, they had made it clear that they had married each other.

The intention and clear affirmation of the couple had overruled all the procedural mistakes.

Their mutual "I do" was sufficient.
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Old 11-07-2012, 09:22 AM   #15
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As a minister, I make sure that we all go over the paperwork before the ceremony to make sure that everything is correct. We don't sign anything until after I have pronounced the happy couple husband and wife. Also, the couple is responsible for filing the final papers to the courts for public record.

Last edited by Cookie123 : 11-07-2012 at 09:25 AM.
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Old 11-07-2012, 06:25 PM   #16
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That's about what I assumed.
I wasn't going to be evil about it, Pmann. Thoughts of it, certainly.

It was something she had found while cleaning out some old files. She probably called on it by now herself, but the way she was going was. Well. Driving me mad.

But. Thanks, all.

Though the harassment on it will not be ending any time soon.
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