Last updated: 5/29/2015
Petition To Establish Fact Date And Place Of Marriage {MC-362}
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Description
MC-362 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: IN THE MATTER OF (Names): CASE NUMBER: HEARING DATE AND TIME: DEPT.: PETITION TO ESTABLISH FACT, DATE, AND PLACE OF MARRIAGE * Notice to Petitioners At or before the court hearing on this petition, you must provide to the court a completed (filled-in) order for the judicial officer to sign. The order must be prepared on a form issued by the California Department of Public Health Vital Records (CDPH Vital Records), the Order Establishing Fact of Marriage (form VS 122). The top portion of that form is the court order. The bottom portion of that form is the marriage certificate you must submit for filing to CDPH Vital Records with a copy of the signed order certified by the clerk of the court. Form VS 122 may be obtained from CDPH Vital Records or from a county recorder or health department. Information about the form, including instructions on how to get it and how to complete and file it with the court and with CDPH Vital Records, is available online at www.cdph.ca.gov/certlic/birthdeathmar/Pages/CorrectingorAmendingVitalRecords.aspx. * Note: This form may help you establish the fact, date, and place of a marriage so you can create a record of the marriage. But the order on this petition or the marriage certificate filed with CDPH Vital Records will not necessarily establish the validity of the marriage for all purposes. Consultation with a California lawyer is recommended before you proceed. 1. a. Petitioner (name each): is beneficially interested in and entitled under section 103450 of the California Health and Safety Code to an order establishing the fact and the date and place of the marriage of the persons named in item 2a. b. Petitioner's beneficial interest in this matter is as follows: I am one of the persons named in item 2a. (1) (2) I am related to a person named in item 2a as follows (specify the relationships of all petitioners to that person): (3) (4) I am not related to a person named in item 2a. I am interested in this matter for the following reasons (complete unless item 1b(1) is selected): Continued in Attachment 1b(4). 2. Petitioner requests the court to establish the fact, date, and place of the marriage of: a. Names: and: b. Date of marriage: c. Place of marriage: City, town, township, or other (identify "other" if known): (1) (2) County: State or province: State (U.S.): Country: Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California MC-362 [New July 1, 2012] Health and Safety Code, §§ 103450103490 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com PETITION TO ESTABLISH FACT, DATE, AND PLACE OF MARRIAGE (Miscellaneous) MC362 IN THE MATTER OF (Names): CASE NUMBER: 3. (Check one of the following): a. b. There is no official record of the fact, date, and place of the marriage of the persons named in item 2a. A certified copy of the official record of the marriage of the persons named in item 2a cannot be obtained for the following reasons: Continued in Attachment 3b. 4. The persons named in item 2a now reside at (street address and city of each person): (Name): County: (Name): State: County: State: 5. Petitioner requests that the court make an order determining that the marriage of the persons named in item 2a did in fact occur on the date and at the place stated in items 2b and 2c, as shown by the Declaration in Support of Petition to Establish Fact, Date, and Place of Marriage (form MC-362A) and attachments, filed herewith, and by other proofs adduced at the hearing. 6. Number of pages attached: Date: (TYPE OR PRINT NAME OF ATTORNEY FOR PETITIONER) (SIGNATURE OF ATTORNEY) I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct, except as to those matters stated on information and belief, and as to those matters, I am informed and believe them to be true. Date: (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER) Date: (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER) Date: (TYPE OR PRINT NAME OF PETITIONER) MC-362 [New July 1, 2012] (SIGNATURE OF PETITIONER) Page 2 of 2 PETITION TO ESTABLISH FACT, DATE, AND PLACE OF MARRIAGE (Miscellaneous)
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