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…

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.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


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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.