Published: September 26, 2009 11:38 pm      

Lawyer: Oversight could mean big problems

EBENSBURG — Kidding aside, the dilemma Frank and Betty Skrout find themselves in could have a serious impact in years to come, said a Johnstown lawyer who regularly works with marriage and divorce.

Randi Silverman of the law firm of Silverman, Tokarsky and Forman said the matter needs to be resolved as quickly as possible.

“I wouldn’t just leave it like this,” Silverman said. “If he or she would die, the (surviving spouse) could have big problems.”

Married by a priest 49 years ago, the Skrouts of Wilmore recently learned their marriage certificate was never returned to the Cambria County Courthouse to be part of the official record.

In the eyes of the church the two are married, but their union is not recognized by the courts.

“If they were married in front of the priest, they declared their intentions,” Silverman said.

While the Skrouts discussed going through a private ceremony for a second time, the best option may be to track down the certificate and get it filed at the courthouse.

“I would urge them not to have a new ceremony. That could really screw up the situation,” Silverman said.

“They really need to go to the diocese and get this cleaned up.”

A second ceremony would have them attempting to prove a common-law marriage, which, as of Jan. 1, 2005, is no longer recognized in Pennsylvania, and it would open legal issues that could be difficult to deal with, legal analysts said.

It’s clear the Skrouts are married: They live together, share the same name and file joint tax returns.

But in the eyes of the law, they need that document filed, Silverman said.