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Marie206 · Jul 16, 2012, 06:27 PM

If a parent consent form for a 17 year-old Kansas girl is forged and notarized, it the marriage legal? What problems will the girl encounter?

Fr_Chuck · Jul 16, 2012, 06:47 PM

The parent can object and file to have the marriage annulled. The notary could be fined since it would be a serious break of law. The girl could be fined and even face jail time.
Nothing happens automatic but could be a reason for objection.

Even the husband could use this in the future, if there was to be a divorce he may use this to get out of paying allimony or to get out of property settlement by claiming the marriage was a fraud, and he was not aware of it.

Marie206 · Jul 16, 2012, 08:51 PM

What if the girl is going to be turning 18 less than three weeks? I know they should have waited but they love each other very much. The boy is in the air force what will happen?

Alty · Jul 16, 2012, 08:54 PM

Originally Posted by Marie206

What if the girl is going to be turning 18 less than three weeks? I know they should of waited but they love each other very much. The boy is in the air force what will happen??

The girls upcoming birthday doesn't change the fact that she committed fraud, and it doesn't change the consequences of these actions. The fact is she is 17, was 17 when she married, and didn't have the parents consent. She committed fraud, and so did the notary.

Fr_Chuck · Jul 16, 2012, 08:58 PM

If the boy was aware of it he can be charged also with a crime, most likely get a dishonorable discharge from the Air Force plus what I posted above, girl should have waited, she has now risked serious legal trouble. If I was them I would hire a attorney, who would perhaps have it annulled and they get remarried when she turns 18

Marie206 · Jul 16, 2012, 09:03 PM

He knew. Could they have the same lawyer?

ScottGem · Jul 17, 2012, 03:54 AM

Yes, they could have the same lawyer.

The answer to this though is pretty simple. In three weeks, they go back to whoever married them and ask that a new ceremony be performed and a new license issued. Until then they will be this cloud of illegality hanging over their marriage.

Marie206 · Jul 17, 2012, 05:07 AM

So could they just forget about the whole forged and get it annulled and get remarried?

ScottGem · Jul 17, 2012, 06:27 AM

Originally Posted by Marie206

So could they just forget about the whole forged and get it annulled and get remarried?

That would depend on the jurisdiction. To get it annulled, they might have to prove it was based on a forged signature.

Where were they married? A local JP, county clerk's office or where?

Marie206 · Jul 17, 2012, 07:08 AM

All I know was they went up got the papers and had a judge get them married. Sorry for spelling errors just woke up.

ScottGem · Jul 17, 2012, 07:38 AM

The fact is they are NOT legally married. But it will not be hard to correct this. I would contact the judge and explain the circumstances without mentioning specific names. And ask his advice. But I think he will be willing to just remarry and issue a new certificate.

I'm more concerned about a notary that attested to a forged signature.

Fr_Chuck · Jul 17, 2012, 08:28 AM

Also it depends on the parents of the girl, if they push to have charges pressed, they can have charges pressed if the DA is willing though the Statue of Limination on this.

Plus the notary would be in very very serious trouble.