Legal Question in Family Law in California
my ex and I split 20 years ago. During the split we were living in different states. He told me he would file the divorce. I recently tried looking for public records in different states but can't find any divorce filed. I since married and now don't know if I was ever divorced. Please help, don't know what to do.
2 Answers from Attorneys
I imagine that your new husband is not going to be happy to find out that your current marriage is void on the grounds of bigamy. You can't remarry anywhere in the United States unless your prior marriage is terminated by either death, or a judicial decree that terminates the marital status. Simply filing papers with a court does not make you divorced, it requires a judgment. Our local courthouse contains a one page flyer explaining this in both English and Spanish.
You are going to have to find out if he ever really filed for divorce, and the status of that case. You obviously never filed anything, which is inexcusable. Regardless of the state he filed in, it would have to have been served on you. It is only after you have been served papers, and done nothing, that a default is entered, unless he falsified a proof of service.
You are married to two people. That is a crime. If you don't know you are divorced, you knew you were married when you married the second time.