Proof of Divorce


#1

Dear Lisa Ferr:

Greetings. You are welcome for the forum. 1. No, it is highly unlikely that the divorce occured outside NC or FL. 2. No, I can honestly say that you are not incorrect for assuming that he misstated his marital status.

In NC, you can obtain a divorce before the conclusion of equitable distribution. Our divorce judgment is also a very simple document, although if he obtained a certified copy of one, you would indeed know he was divorced.

Finally, I know of no state wide agency that could confirm or deny the fact that your boyfriend was divorced. Divorce is a county by county action and although there is the vital statistics database, it is not a statewide compilation on who is/is not divorced as far as I know. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you VERY much for your reply.

As to the availability of statewide records: Prior to writing this I called up to the NC county civil division where my former boyfriend’s NC home is and they again confirmed no record of divorce exists for either his or her name.

Furthermore, the clerk said she does indeed have access to statewide records, but the public does not. So I reconfirmed his divorce is nonexistent in NC, anyway.

I also phoned the property tax and deed recording offices for the same county and reconfirmed the online data showing both their names on the deed to the house, sharing the same last name. His name is also on the deed, although he told me it was not.

Unfortunately, I spent 2 1/2 years with an illusion. I have legal reasons for these questions, as he is possibly going to try to pull something with regard to a property I own and I need facts to back up my position. He may try to fabricate a divorce decree document and I need to be ready.

Thanks again for your help.


#3

Dear Lisa Ferr:

Greetings. That is interesting to hear what you say about the clerk’s office since some of the counties that I personally have practiced in do not have their documents on a computer database. I wonder how the clerk’s office has access to those? Oh well, good luck dealing with this situation. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank you for this forum.

I live in Florida and started dating a man in June 2002 who was originally from NC. He said he was divorced with two grown sons, who he visited once every two months on average in NC. I never accompanied him on these trips, but a few months into the relationship I questioned his marital status because of an issue involving his so-called ex-wife. He said he was indeed divorced, but still had “equitable distribution” to deal with. We left it at that, and the trips continued for various reasons like his parents’ health or a son’s college issue, etc. I asked when the equitable distribution thing would end so he and I could talk marriage, and he said not until November 2004. Well, 11/04 came and went and nothing was said. It was suggested to me by a good friend that my boyfriend was possibly still married. After 2 1/2 years with this man, I doubted it but confronted him by asking for proof of divorce. He refused at first, then supplied vague paperwork that amounted to divorce proceedings which proved inconclusive. He still insisted he was divorced.

I called up to the NC county in which they both resided and where she still lives. The county clerks office had no record of a divorce for either his or her name. They also told me they checked the entire state and no record was found in any county. I WAS able to find a marriage record, however.

Is it possible the divorce occured in a state other than FL or NC?Still, his refusal to provide definitive proof indicates to me he is still married.

I also checked the county records for his Florida residence and there is no divorce on file here either. I did find mortgage documents for his current residence with his wife as co-signer. It specifically says Husband and Wife on the document.

Am I to correctly assume this man misrepresented his marital status in light of what I have found through my research?