Family Law Questions? Ask a Family Lawyer Online.
Hello, how are you today?
Did you file for an annulment or divorce?
Or were you ever served with a summons from her filing?
No, I think that she filed for an annulment. And, i never received anything from her.
Do you know where she could have filed?
I think she may have filed in Smith or Henderson County, TX
Ok, in order to seek out whether an annulment was filed, or a divorce, you would have to check those counties clerk's offices. Clerk's offices are the record keepers of all judicial actions filed. The problem that you may run into is that the case would be so old, and clerk's offices can purge files after certain periods of time. If you were never served with a divorce summons, or an annulment petition, then it is likely she never filed for divorce. But if you contacted those county clerk's offices in Henderson and Smith Counties.
If a divorce was entered, there should be a divorce decree on file, or a divorce certificate.
Have you contacted those offices?
You still there?
I have contacted Smith County with no results. If we can't find any record of an annulment or divorce, how can I certify my current marriage of 44 years, since my first wife has now passed away in 2011.
Did you receive a marriage certificate?
When you were married?
That is verification that you were married, is there a conflict not that she has passed away with you inheriting some portion of the estate? Is that why you ask?
No, I am married to somone else.
Oh I understand. You could seek a court order stating that you were divorced, but if you were remarried, and received a marriage certificate that is how you certify that you were married.
My first wife and I were married in 1967, the marriage only lasted about 6 months, she left and said she was getting a divorce. She married someone else in 1968, and I also re-married in 1968, is my current marriage legal?
If a divorce was never obtained, and the bonds of matrimony never dissolved, then you are still legally speaking, married to the wife in 1967.
However, you could seek court action now to declare that marriage is ab initio (void from the beginning) and the current marriage valid.
However, a court order is the only way to dissolve the bonds of matrimony once you are married.
How do we proceed with getting a court order to disolve the marriage from the beginning?
You would have to file a petition for annulment of the marriage in the county where she resides, or if you do not know where she lives, then in the county where you were married. If you can not find her to serve her, you can serve her with the petition by publication in a newspaper.
Does that make sense?
She died in 2011
Ok, then obviously service would not have to occur, but you still need to file an action to have it declared void.
Can I file it here in WA state where I live, or do I have to file in Lousiana, where we were married?
You could file it there in WA, as it is apparent nobody would object to it. It is a unique situation you are in, but an attorney would most likely be beneficial to you to help you file it.
Could you recomend an Attorney in or around Tacoma, WA?
I wish I could, but the terms do not allow us to refer other attorneys. I fully apologize.
Do you have any other questions?
If that answers your quesitons please remember to provide a positive rating prior to exiting the chat by selecting the smiley face so that I can be credited for our time together
No, I have no more questions, and thank you for your assistance
When I checked with two different Attornies here in WA state, they informed me that it has been to long ago to get an annulment. Also that she couldn't have got a divorce without serving me papers. I don't know if I believe that. I don't know what I believe anymore! I am at a loss as to what to do next.
I agree with you. I know that some attorney's are probably not very knowledgeable about these type of circumstances. I just needed to know if there was a real chance of taking care of this problem, before I paid an Attorney $250 for a consultation, if it couldn't be done. Thanks for your reply, you have been helpful.