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Marriage- Filing status

10409000
Level 4

hi all, so i was interviewing a client going over marital status etc he tells me that they had a wedding ceremony last year but have not turned in the license. I wasnt sure how to choose his marital status on the return.. he lives in California i tried googling but got different results. does anyone know if the wedding ceremony is legally binding or is it not binding and not recognized till they file for the marriage license with the county? 

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3 Comments 3
Just-Lisa-Now-
Level 15
Level 15

Im in CA, as far a I know, no common law in CA, so until its recorded at the courthouse, therye not married


♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Skylane
Level 11
Level 11


States, religions and cults have different criteria and  for recognizing “marriage “  The State criteria will apply. Maybe domestic partnership can work for CA MFJ, but the IRS doesn’t recognize Domestic Partnerships.   

 

If at first you don’t succeed…..find a workaround
BobKamman
Level 15

Not enough information here to judge. Was the marriage officiated by a qualified person? If so, it was that individual’s responsibility to file the certificate with the county. If they didn’t follow the rules, the couple is still married.

“California Family Code §306. Except as provided in Section 307, a marriage shall be licensed, solemnized, and authenticated, and the authenticated marriage license shall be returned to the county recorder of the county where the marriage license was issued, as provided in this part. Noncompliance with this part by a nonparty to the marriage does not invalidate the marriage.

“California Family Code §359(e) The marriage license shall be returned by the person solemnizing the marriage to the county recorder of the county in which the license was issued within 10 days after the ceremony.”

Life is short. Do you really need to spend yours, dealing with people who play these games?