Divorce


#1

If your ex passed away prior to you remarrying then it does not really matter if you were divorced or not. If you remarried prior to your ex passing that may be another matter…


#2

If your ex was alive when you remarried then your second marriage is not valid. If he died prior to your second marriage then the marriage was terminated by his death.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

I was married in NC for 13 years. My husband and I separated and he filed for divorce. I signed the papers and moved to WV. My ex called me and told me we were officially divorced. He moved to KS where he was in a car accident and was killed. While living in WV I remarried. After the accident his brother calls me to tell me that my ex never sent the signed papers to the court so we were not divorced. My question is whether my WV marriage is valid because according to the NC Clerk of Court I was still married to what I thought was my ex. Please help.