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Posts Tagged ‘Divorce; Putative; Marriage’

Putative Marriage is a marriage entered into in good faith and in ignorance (on one or both sides) which is not really a marriage that can be entered into legally. For example, either the bride or the groom is not able to legally marry another person because they are still married to their former spouse. Another example is where a religious ceremony is performed but licenses are never properly obtained from the state. Sometimes these Putative Marriages or void marriages can qualify as a nullity or annulment, but not always.

Putative marriages are tricky marriages which require the courts to clarify the relationship between the spouses. For example, the spouse that is ignorant of the impediment to the marriage has claims to spousal support, and property division. If the court does not proceed to void the marriage, there are issues that arise later when the spouses to a putative marriage attempt to remarry, and laws allowing the putative spouse to come in and lay claim to spousal benefits in probate court. It is best for you and your present and future families to clarify clearly with a decree the status of this relationship.

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