Having a religious wedding ceremony without obtaining a marriage license is a dangerous legal strategy because many jurisdictions will recognize you as married if you hold yourself out as a married couple, even without proper documentation; this means you could be legally bound by marriage and unable to divorce if you later want to end the relationship, so couples should either marry properly with a license or remain single to avoid unintended legal consequences.
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DON'T DO IT - EPISODE ONE
Added:Hey everybody, in case you new here, I'm Jonathan Noble, divorce and family law attorney licensed in Pennsylvania and New Jersey.
And today the topic of the video is don't do it, okay? Here's another thing that I get asked a lot and my response is almost always don't do it.
This is having a religious wedding ceremony without getting a marriage license and thinking in the back of your head, I can't get divorced because we didn't go through the proper channels of getting married, I didn't get a marriage license, we only had a ceremony. Maybe had an ordained person uh perform the service, but I didn't go out and get a marriage license. And you know what? In 10 years, 15 years, when I don't want my partner anymore or if something bad happens, I could just say, "Hey, you can't divorce me cuz we were never married."
That is a terrible strategy. Here's why.
Because in many jurisdictions even without the license, if you hold yourself out as a married couple the jurisdiction is going to find that you're married, okay? As a matter of fact, in a lot of jurisdictions, especially to the north of the US, won't mention any provinces, but there's a bunch of them up there and a lot of states, too. If you just hold yourself out as married um without getting a license you're married. You don't want to take that chance. And even in jurisdictions that currently require a license, okay?
If you don't have a license, you don't know what the law is going to be in 5 or 10 years.
You don't want to be what? The case of first impression where in your jurisdiction you need a marriage license and then the person divorces you and you didn't get a marriage license and the court throws out the divorce complaint and they filed an appeal, and the appellate court says, "Hey, wait a second. They are really married. We're changing the law."
What a disaster.
So, here's the point of the video. If you're thinking about getting married, either do it the right way, or don't get married.
There's no law that says you have to get married, okay? But, what I don't want to see happen is you get married, uh your bride is in the wedding dress, there's a lot of people, you hold yourself out as a married couple, maybe you have a child or two, and you act as their parents, she takes your last name, and then she files a divorce complaint.
You may not be able to say, "Hey, I never got a marriage license."
Bad strategy. Bad strategy. You don't want me on the other side of that case for you, okay?
So, either get married in a way that's recognized by your jurisdiction, or just stay single.
Now, that opens up a whole 'nother can of worms in terms of what is marriage, because in different jurisdictions, just living together for a certain length of time could view you as being married in the eyes of the law, and you don't want that, either.
All right? You want to be intentional.
Share this with somebody who's thinking about just having a ceremony and hoping for the best when it come time comes where they want to split up, or uh the person dumps them.
Mhm. Mhm. Bad move.
Be careful out there.
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