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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 739
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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Divorce was awarded Nov 19, 2009. My ex husband and I continued

Resolved Question:

Divorce was awarded Nov 19, 2009. My ex husband and I continued our relationship to include bank accounts and co-own property. Recently, my husband was diagnosed with terminal cancer. In order to be eligible for Survivor Benefits, to remarry now will not give us the time to be eligible for the benefits. Can our divorce be rescinded so that legally we can be as if never divorced?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Francisca,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. How may years were you married?
2. Are you speaking of social security survivor benefits, or some other type of survivor benefit, such as a Veteran benefit?

Doug

Customer: replied 1 year ago.

1 year of marriage; continued as husband and wife to present.


 


My husband is 100% disabled; it would be a Veteran benefit

Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm very sorry, but I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your JustAnswer Account has not been charged for this conversation and your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience.

Doug
Expert:  Seattle Scott replied 1 year ago.
That is going to require come case law research. I will do that and get back to you in about a half hour if that works for you. Oklahoma divorce - correct?
Customer: replied 1 year ago.

Yes sir.

Expert:  Seattle Scott replied 1 year ago.
I am sorry for your situation but perhaps the following will help.

There is a specific OK statute that provides for vacating or dissolving the divorce decree. Here it is:

Oklahoma Statutes
Title 43. Marriage
Parenting Coordinator Act
Current through 2013 Legislative Session
§ 133. Dissolution of Divorce Decree
When a decree of divorce has been issued by a district or superior court, said court is hereby authorized to dissolve said decree at any future time, in or out of the term wherein the decree was granted, provided that both parties to the divorce action file a petition, signed by both parties, asking that said decree be set aside and held for naught. And further provided that both parties seeking to have the decree set aside shall make proof to the court that neither one has married a third party during the time since the issuance of the decree of divorce.
Cite as § 133
------------------------------
This should be a quick case. You file a verified petition, meaning you both sign the petition under oath stating you want the divorce decree dissolved and also stating that neither of you remarried after your divorce was granted. I am not sure if outside third party proof is required regarding proving no remarriage, as in do you need to get a certified statement from the marriage license office that neither of you received a marriage license after the divorce. I doubt that is required because you could have been married later in another state. So you should be able to get the order dissolving the Decree on the same day that you file petition. You have to do this in the same court that granted the divorce decree.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 739
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and 4 other Family Law Specialists are ready to help you

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