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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8142
Experience:  Just Answer consultant at Self employed
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My husband and I were separated years prior to his death.

Customer Question

My husband and I were separated for 3 years prior to his death. I was not informed of his passing immediately by his family. He resided and worked in Lumpkin County GA at the time of his death.
For SS purposed, I needed a copy of his death certificate and it states we were "divorced". I requested a copy of a divorce decree from the Probate Court, however there is no record of a divorce. The funeral home where he was cremated said they received the information re his marital status from one of his bothers in Peoria IL.
How can I get this error corrected on the death certificate?
Thanks. Donna Manning
Submitted: 9 months ago.
Category: Legal
Expert:  legalgems replied 9 months ago.
The funeral director is responsible for submitting the information and any requested amendments to the state's vital records office; there needs to be proof of the asserted fact- so if for example there is a marriage certificate, that can be provided as proof. Generally that is sufficient, as the party alleging the divorce would need to prove the divorce by providing the decree. If one has a document from the clerk stating there is no record of a divorce decree, it would not hurt to provide that to the funeral director. If the error was caught immediately,changes can be made at the county level; but if more than a few weeks have passed, it must be done at the state level. Amendments are authorized pursuant to Section 31-10-23Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  legalgems replied 9 months ago.
Thank you for using Just Answer.I hope the information provided was useful.Here is a link to the bar association's legal referral site:http://apps.americanbar.org/legalservices/lris/directory/Should you have further questions please post here; otherwise kindly--- Rate Positively---so the site credits me for assisting you.Thank you and take care!