Full question:
In 2007 we applied a Marriage License in S.F. Ca. Then we performed marriage in front of a Salvation Amy Captain with a witness. Later on we had a ceremony with family and friends. But some reason we never living together and never have sex, also the Marriage licenses never been return to the county clerk for record. Now the question is this a legal marriage/are we still single or married/are we free to marry to another person?
- Category: Marriage
- Date:
- State: California
Answer:
If the marriage license application was never returned, then no license was issued, and the marriage is not valid. In California, mere consent does not create a legal marriage; it requires a license and formal solemnization.
According to California Family Code, marriage can be solemnized by various authorized individuals, including religious leaders and judges (Cal. Fam. Code § 400). Since the license was not processed, you are not legally married and are free to marry another person.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.