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Man alleges he was never married to wife due to technicality

According to a Sept. 19 report, a man is alleging that he and his wife cannot legally divorce because the couple was never legally married. Sources indicated that the couple had a marriage ceremony on Dec. 12, 1993. However, the man says that their marriage license was not issued until 11 days after the ceremony; they had applied for the license two days prior to their wedding. In May, he filed a motion to dismiss the divorce case, citing an appellate court's ruling that marriage licenses must be procured prior to the actual ceremony.

The controversy regarding the couple's marital status follows less than a year after the woman obtained a temporary restraining order against her husband for pushing her down the stairs. After the alleged incident of domestic violence occurred in December 2013, the man was charged with third-degree aggravated assault. The man avoided having charges filed by going into a pretrial intervention program, which would have them dropped.

In June, the woman submitted documents to the court that showed that the man had considered himself married for over 20 years. The documents included joint tax returns and deeds.

When a couple is considering to get a divorce, it may be difficult to determine which items of property and assets are considered marital and which are considered separate. A family law attorney might be able to help a spouse with sorting through complex assets such as pensions and other investments. Additionally, an attorney could represent a spouse through the divorce proceedings and help with establishing a fair child visitation or alimony arrangement.

Source: Philly.com, "Rich N.J. man wants divorce dismissed over marriage-license delay ", Peter Mucha, September 19, 2014

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