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a. Ask the parent or other relative to show the marriage license or to tell in which county the marriage was performed. b. Check the records in the Circuit Clerk’s office for the recorded license. c. If the marriage record is not found or the parent or other relative cannot produce the license, assist him/her to secure a statement from the minister or officer who performed the ceremony or the witnesses who attended the ceremony.
MISSISSIPPI [NON-FINANCIAL CRITERIA: INTRODUCTION]
Revised 12-01-17
d. Ad. Ask the parent or other relative to describe the kind of ceremony which took place. A statutory ceremonial marriage when established as described above will be recognized as a legal marriage unless there is a serious reason to doubt the validity of the marriage such as: • A previous husband is living in the community or is in touch with the county and states that he did not obtain a divorce from the mother prior to the present marriage. • Some other individual is in a position to know the marital history of the mother and the prior husband and raises a question as to the legality of the current marriage. • Records in the agency, such as a previous application by the individual or a former husband and some other individual, contain statements which raise questions of legality. In these instances the county office must assist the parent in determining the status of the prior marriage in order to determine the status of the current marriage and of the children involved as to whether they are legal or illegitimate children. 2. A common-law marriage which was entered into prior to April 1, 1956, in Mississippi, is as legally binding as one established by a statutory ceremonial marriage provided: a. Both parties were free to contract to marry. That is, any previous marriage had been terminated by death or divorce or the parties had never been married before. b. The parties agreed to become husband and wife. c. The parties lived and cohabitated together in Mississippi as man and wife, thus openly proclaiming their marital relationship. NOTE: Applicants who claim a common-law marriage status from another state must provide