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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 799
Experience:  7+ years of experience in divorce, custody battles and mediation.
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I was divorced in 1980 and need to prove that I am divorced.

Customer Question

I was divorced in 1980 and need to prove that I am divorced. But the superior court has no record of my divorce. I found my marriage license and other legal documents under my name but no divorce record. What can I do?
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
Hello:
How did your divorce go through in 1980? Was it signed off by a Judge?
Customer: replied 1 year ago.
I believe it was. I had an attorney and was in court for each appearance.
Customer: replied 1 year ago.
I don't recall ever receiving a judgment. I contacted my ex husband and he doesn't have any paperwork either. He remarried in 1986.
Customer: replied 1 year ago.
Are you there?
Expert:  originallawyer replied 1 year ago.
This is the unfortunate reality of the digital age. When everything went online they didn't transfer all cases, just generally 1990 and newer. That doesn't explain why there is no record in DHS, as their website says they should have one (Certificate of Record, that is, not your divorce decree) since your divorce occurred before 1984.
I would say your only other option would be to see if your attorney's office is still in existence and if they have a record. If there were children involved, payment of child support could be evidence of a divorce.
Anything else, a deed to a house, or other property change due to a divorce, anything ancillary should help. A change of name, etc.
There is of course, the slightly horrifying thought that perhaps the divorce was never finalized. However, if you were present at court hearings and had a final decree at some point, I'm sure that's not the case.