Do You Need Your Marriage License to File for Divorce?
In many instances, making changes to legal documents after you are married requires a copy of your marriage certificate. For example, you typically need to prove you are legally wed when requesting to change your name on your social security card, driver license, passport and so forth. Prior to the wedding you must first obtain a marriage license that legally allows you to marry.
What if you are getting divorced and had a marriage license but now you can’t find it? Do you need your marriage license to file for divorce in California?
Yes, you need proof that you were married in order to file for divorce. But if you have lost your marriage license or it’s been destroyed, should you worry about potential delays in the process? Do you need to keep a copy after the divorce?
You Probably Don’t Need It
Although there is quite a bit of paperwork to fill out before your case is officially “filed,” like most official processes and court filings, you don’t need your marriage license to file for divorce. You are required to “serve” your spouse with the papers giving them official notice of your divorce case. However, your marriage certificate is generally not needed during this process either.
There is a great deal of information required in the paperwork you file with the court, including:
- The name of the person filing the forms in case of any problems (an attorney will fill this part out if they’re representing you),
- The names of the parties, referred to as the “petitioner” (you), and the “respondent” (your spouse),
- Other information regarding your marital status (i.e. marriage or domestic partnership),
- Proof that you meet the residency requirements to file for divorce in California,
- A list of how many children you have,
- Delineation of whether you are filing for divorce or legal separation,
- and any additional questions that pertain to your case.
The wedding date is one of the important things the court asks for; in case memory escapes you, your marriage certificate will have the date of marriage listed. Otherwise, there is usually no need to produce your marriage certificate or attach a copy of your marriage license to your divorce paperwork.
Even though it’s not required as part of the court filing, it’s a good idea to have all of this paperwork. Your marriage license will be an important source of answers should any doubts arise about whether your marriage was legal. If your marriage certificate was lost or destroyed, you can obtain a replacement by filing to get a certified copy from the courthouse in the county and state where you were married.
In California, you do not have to change your name after a divorce and can keep your married name., But if you want to change it back to your former name you must specifically request this on your divorce petition or response paperwork. Essentially, you need to indicate your intention to change your name within the divorce proceedings to make it official.
It’s recommended to keep copies of your marriage certificate and a certified divorce decree (signed by the judge) even after your divorce. These documents may be needed for future legal or administrative purposes.
Should you remarry the court will typically ask if you’ve been married before and request proof of your divorce. You will also need a copy of your marriage certificate in the event they ask for proof of the previous marriage, so it’s best to retain both documents.
Depending on the length of your marriage, you may also qualify to collect Social Security on your former spouse’s record. This could help you get retirement or disability benefits even after your divorce. Your marriage certificate may be required as proof of your marriage, so it’s important to keep this document safe if you plan to claim any of these benefits.
The Paperwork You Do Need
Hiring an attorney is not required to file for divorce in California. But, to ensure you have all the correct paperwork needed to file for divorce hiring legal services is highly advisable. Our paralegals and legal assistants are here to help prepare all the required court documents for most routine family law matters. We make it as simple as possible for you to represent yourself.
Contact a divorce consultant at Green Giraffe Legal today, who will listen to your needs, help you develop a plan and give you a Flat Rate Quote for the divorce services needed. To save you time, here are the divorce forms you’ll need to get started.