I am attempting to help my friend, who was divorced while (involuntarily) having been adjudged legally incompetent approximately 5 years ago. Recently having been legally restored to competency, she now has no records of any kind relating to the divorce except for a (NC) Divorce Decree which bears her husband’s correct name but a completely incorrect (not just a misspelled) surname for her. She did not sign the decree, and did not have the capacity at the time to be involved in the proceedings. Several claims made in the divorce filing (such as the separation requirement) were false. Furthermore, her Guardian (who is not her husband) apparently and unaccountably did not pursue any property settlement, despite there having been significant marital assets accumulated over a 30+ year marriage. There is minimal accounting of any financial activity during the period of guardianship, although all of my friend’s personal possessions and the contents of her former home are apparently gone.
Two questions:- (1) Is the divorce legal, or does that fact that it shows her husband being divorced from someone with a completely different last name (unrelated to hers) mean that she is still potentially legally married? (2) Is there a potential for reopening a property settlement negotiation? My friend has regrettably been left indigent, with all her former assets gone, and on government assistance.
