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Re: confidential marriage licenses-when started
Posted by: lnpumphrey (ID *****7645) Date: May 19, 2012 at 10:13:59
In Reply to: Re: confidential marriage licenses-when started by Phyllis Gauss of 39030

Before 1 Jan 1970 divorces in California were considered to be a civil lawsuit. As such one party must prove that they were wronged by another party before a divorce decree was granted. Section 426a of the California Code for Civil Procedure required that the date and place of the marriage must be stated in the initial filing. This became a permanent part of the divorce record even if the divorced was never finalized.

However, on January 1, 1970 California became the first state to grant what is called a no-fault divorce. This is really just a popular non-legal term as technically there was no more divorce after that date. It is now known as a dissolution of marriage and is no longer a civil lawsuit. A party can obtain a dissolution without even stating the reason why they wish to have the marriage terminated. Section 426a also went the way of the wind on Jan 1, 1970 but most attorneys continued to supply the date and place of the marriage out of habit for the first few years.

Since the dissolution between Samuel and Carol occurred in 1970 it is highly likely that the date and place of marriage is shown in the dissolution of marriage paperwork. Therefore, I would recommend that you obtain a copy of same to find this information. The standard fee charged by the court archives is 50 cents per page for photocopying and $15 for certification but you can waive the certification fee if you wish.
-Larry


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