The happy couple had their ceremony on 12/31 and the pastor signed the marriage certificate I think it is and dated it to that date. However the couple did not realize that they needed a Marriage license I think it is from city hall so they did not obtain one until 1/2. Were they legally married on the last day of the previous year or not?
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Depends on state law regarding when a marriage is considered legal. This could vary depending on where this took place. -
Could be a problem
This is not a tax question but rather a legal question.
My guess is the "December marriage" did not legally occur, so the happy couple may well both be single for 2012.
Let the lawyers fight it out...I'm sure the rules vary substantially from state to state. One would think the pastor should have at least "asked" whether they had a license, or perhaps might even have been under some requirement to do so before performing the ceremony??
Good luck!
FEComment
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To show how complicated this issue can be
you might want to read this recent decision
In the end the marriage performed without a license was upheld as legal and binding - 14 years later!Comment
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But it will become a tax question when they sit down to file 2012 returns.Originally posted by FEDUKE404 View PostComment
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