Is it possible to prove a divorce was never filed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it possible to prove a divorce was never filed?
My father-in-law was married to my mother-in-law and then they separated but never filed for divorce. He then got married again. On his marriage certificate to the second wife, he listed 0 previous marriages, which was false. The first wife passed away and was buried in the husband’s military plot. Then my father-in-law passed away and was buried there also. Then his second wife died and her children had her urn also placed in the same niche with my father-in-law and his first wife. Now the family of the first wife are angry and want the second wife removed because she was never legitimately married to my father-in-law. The family of the second wife insist that the marriage was valid and the cemetery took their word for it and went ahead and accepted her remains even though they were requested not to in advance. They won’t do anything without documentation showing that the second marriage wasn’t valid.My question is How to we prove that the second marriage wasn’t valid? Since the first marriage was never divorced there will be no record of that.
Asked on October 4, 2019 under Family Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You would prove that there was a pre-existing marriage (to your mother-in-law). The family of the second "wife" can then try to *disprove* that he was still married to the first when he married by the second, such as presenting evidence of a divorce (if there had been one). You don't need to prove a negative (that a divorce was not filed); you just need to prove the positive (he was already married when he "married" the second woman), since once a person is married, he stays married unless and until there is a divorce.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.