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Is anybody in the US awake? I need help.

posted 3 months ago in Legal
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    1.
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    Busy bee
    AubByAub    December 2017  

    I know the title was vague but it wouldn't let me put the whole thing. I'll try to keep this short.

    Okay so FI and I are both in the military. Our wedding is set for next January, as you can see by the date next to my name haha. The thing is... right now, he's stationed in Georgia and I'm stationed overseas. We are spending all of 2012 apart. I know "we signed up for it" and I'm not writing this to complain, but after we're married, our branch of service can keep us separated for up to a year before they are required to station us together or within a certain distance of each other.

    So if we wait until next January to get officially married, we could quite possibly not really be together until 2014. :(

    We are looking into all our options as far as me taking leave in a few months and going to the courthouse then, but my leave could be denied. Another thing that has been mentioned to us at various times before we were even engaged was marriage by proxy. This was mentioned to us by people like chaplains and sergeants.

    So what I am wondering is, do any of you bees there in the states know anything about proxy marriages? I've been googling it and I've found some information but really, if anybody out there knows something, please share. I know it is legal in some states but the thing I can't seem to find is if it is recognized by other states? Some places say yes, some say no, some say it depends. I've also found a few things saying it's legal in GA (other say it's not) which would be really convienent for FI. I've emailed a county clerk in GA to ask about it as well.

    Does anybody have anything at all they could share with me?

    ETA: Also, I know the military recognizes proxy marriages. I'm just confused about different state laws.

     
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    tksjewelry    June 25, 2011   Omaha

    The only thing that I know about getting married by proxy is that Richy got married that way on Happy Days.

    Is this something that the JAG office can help you with since the legal issues are strictly a military issue?

     
    3.
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    Busy bee
    AubByAub    December 2017  

    @tksjewelry:  They probably can but I'm too impatient to wait until tomorrow to schedule an appointment, haha. :) I already know the military recognizes them, I'm just trying to figure out if he could do it where he's at or if he'd need to go to a different state to do it. Thank you for the reply though! You made me laugh with the Happy Days reference, haha. Definitely needed that laugh.

     
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    tksjewelry    June 25, 2011   Omaha

    @AubByAub:  Thank you both for serving and I hope that you two can get this all straight as soon as possible so you can be together sooner.  If you don't mind me asking what base is he on?  My brother is stationed in GA at Benning. 

     
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    zippylef    October 30, 2010   Norfolk, UK

    There are only 4 states that allow proxy marriages, California, Colorado, Texas and Montana. In California, Colorado and Texas, one of the parties has to be present. Montana allows double proxy marriages. California only allows is if one party is deployed.

    This is Montana's marriage code. They just require that one party be a member of the Armed Forces.

     40-1-301. Solemnization and registration. (1) A marriage may be solemnized by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. Either the person solemnizing the marriage or, if no individual acting alone solemnized the marriage, a party to the marriage shall complete the marriage certificate form and forward it to the clerk of the district court.
         (2) If a party to a marriage is unable to be present at the solemnization, the party may authorize in writing a third person to act as proxy. If the person solemnizing the marriage is satisfied that the absent party is unable to be present and has consented to the marriage, the person may solemnize the marriage by proxy. If the person solemnizing the marriage is not satisfied, the parties may petition the district court for an order permitting the marriage to be solemnized by proxy.
         (3) The solemnization of the marriage is not invalidated by the fact that the person solemnizing the marriage was not legally qualified to solemnize it if either party to the marriage believed that person to be qualified.
         (4) One party to a proxy marriage must be a member of the armed forces of the United States on federal active duty or a resident of Montana at the time of application for a license and certificate pursuant to 40-1-202. One party or a legal representative shall appear before the clerk of court and pay the marriage license fee. For the purposes of this subsection, residency must be determined in accordance with 1-1-215.

     
    6.
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    Busy bee
    AubByAub    December 2017  

    @tksjewelry:  My brother went to bootcamp at Benning. FI is at Robins AFB. :)

    @zippylef:  Thank you, I hadn't seen that about Montana when I was looking. Montana came up for me but never the double proxy thing.

     
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    tksjewelry    June 25, 2011   Omaha

    @zippylef:  You might know since you are a military dependant, can they get married by proxy though her overseas base?  Would that be allowed, like she would be present on base and he would have a proxy?

     
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    zippylef    October 30, 2010   Norfolk, UK

    @tksjewelry:  I don't know for sure, but I would think not. We are stationed overseas in England and I know both the guys DH works with who have gotten married since we have been here have both gotten married "on the economy", which means by British officials outside of the base.

    @AubByAub:  I think if you go the proxy route, the Montana double proxy is your best bet.

     
    9.
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    Busy bee
    AubByAub    December 2017  

    Thanks ladies, I appreciate your help. I'm gonna try to set up an appointment with legal today.

     
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    Buzzing bee
    regberadaisy    August 14, 2010  

    @AubByAub:  

    So are you guys in the AF then?

    My BIL and his exwife are both in the AF (Robins actually!). They had gotten engaged and in the midst of wedding planning my BIL got orders to go to Turkey for 2 years. So they had a decision to make. Get married immediately so they can both get papers to go to Turkey. Or be separated for two years. So they decided to do a quick small wedding immediately so that the AF would not separate them.

    Obviously I'm not in the AF so I don't know all the rules and it's possible it's changed in the last 5 years. But I guess I would ask your superiors and confirm this?

     
    11.
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    Busy bee
    AubByAub    December 2017  

    @regberadaisy:  Yes, we're AF. Actually, we were going to do the quick courthouse wedding before I left but he didn't realize that IL had a waiting period of 24 hours between getting the license and then getting married so it was too late to do it by the time he was like 'we should do this!' haha. And even then, we'd still have been separated for this year. It does usually work though, you're correct. I just went into work on my day off and asked like 5 different people for information and they're all going to email me. Thank you for responding!

     
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    Buzzing bee
    regberadaisy    August 14, 2010  

    @AubByAub:  

    GL!

    Yea I was just really surprised that you said you would have to be seperated for a year. Unless the situation is you are already stationed overseas and they won't be shipping him over just because you got married.

    From what I've seen with my BIL the AF is VERY pro family.

     
    13.
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    Busy bee
    AubByAub    December 2017  

    @regberadaisy:  Thanks! Yeah, I'm already overseas. The earliest they will station us together is when my tour here is complete.

     

    We've done a little more research and it seems that GA sometimes makes exceptions for proxy marriages, so FI is going to call them up and find out if our case would be an exception, and we're both going to go to our First Shirts to get their help as well as getting in touch with the legal offices on our bases.

     

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