Can I file a divorce without having the marriage documents in my hand? 12 Answers as of April 22, 2013

I am trying to divorce someone in Bangladesh who I was rushed married to by my family. I don't have any documents of the marriage.

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John H. Sibbison III, Professional Law Corporation | John Sibbison
Not a problem. What might be a problem is obtaining service on your spouse unless he or she is willing to sign papers.
Answer Applies to: California
Replied: 4/22/2013
The Houser Law Firm, P.C.
The Houser Law Firm, P.C. | A. Bowden Houser
You don't need marriage documents in North Carolina in order to get divorced. However, you are going to need an attorney if your spouse in in Bangladesh. Because they are out of the USA you have to be very sure they get properly served. Most often service on a defendant that resides out of country will be required to be served in accordance with the Hauge Convention. Our firm has extensive experience in serving defendants out of country.
Answer Applies to: North Carolina
Replied: 4/22/2013
John Russo | John Russo
Check the rules of procedure for the jurisdiction you are filing in if you are representing yourself you should at least read some of the domestic rules of procedure for your State. In many jurisdictions mine included you can begin the process without the actual marriage license, as long as you provide a notarized affidavit stating that you do not have it at this time but you will get a copy of same forthwith and it will be in the court file prior to the hearing on the merits. Check and see if your state allows this, but if it is not in the file on the date the divorce is scheduled to be put through the judge will not grant the petition.
Answer Applies to: Rhode Island
Replied: 4/22/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Yes. You do not need to produce any marriage document in a Wisconsin divorce, unless the existence of the underlying marriage is put into question. That would be a very rare event.
Answer Applies to: Wisconsin
Replied: 4/22/2013
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
If you re referring to such things as the marriage certificate, it is not necessary to obtain a divorce in New York. But you may have other problems, such as making sure that the Court can dissolve the marriage based upon the necessary residency requirements in New York + service over your spouse.
Answer Applies to: New York
Replied: 4/19/2013
    Hanna Legal, LLC
    Hanna Legal, LLC | Jen Hanna
    If your spouse is outside of the country, you should consult an attorney to determine the best procedure for filing for divorce. Typically to file a divorce you do not need proof of the marriage.
    Answer Applies to: Wisconsin
    Replied: 4/19/2013
    Law Offices of Rosaline L Zukerman APC | Rosaline L. Zukerman
    In order to file for divorce, it is not necessary to have any marriage documents.
    Answer Applies to: California
    Replied: 4/19/2013
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    You can file for divorce without the original marriage paperwork. Just make sure you have the date.
    Answer Applies to: California
    Replied: 4/19/2013
    Henry Lebensbaum | Henry Lebensbaum
    You need to file it with the required documents or get a waiver from the court.
    Answer Applies to: Massachusetts
    Replied: 4/19/2013
    Peyton and Associates | Barbara Peyton
    You do not need your marriage documents to file for divorce. Simply fill out the forms and file them. Then get the other side served with the papers that have been filed with the court.
    Answer Applies to: California
    Replied: 4/19/2013
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    There is no need to have a marriage document.
    Answer Applies to: New York
    Replied: 4/19/2013
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