If my divorce from my first husband never finalized, have we still been legally married for the last 40 years?
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If my divorce from my first husband never finalized, have we still been legally married for the last 40 years?
He went on to marry divorce 2 other women. I have been “married” to the same man for 36 years and we have 2 grown children. I just found out my first husband died 2 years ago and I want to re-marry my current husband. We are both over 60 years old and this is rather tramatic. I don’t know how to proceed because I have no divorce papers to get a new marriage license. Do I need a death certificate for my first husband?
Asked on June 7, 2012 under Family Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for yuor situation. If you were never legally divorced from your first husband then yes, you were not legally married to your second hisband. I would seek legal help not only about remarriage but about making sure that your other documentation - such as a Will or deeds - are also valid at this point in time and what you need to do regarding them. Also check beneficiary designation forms (re-designate each other on those) and joint accounts. I would try and obtain a copy of his death certificate. Good luck.
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