Legal Question in Family Law in North Carolina

Were you or were you not divorced? Don't you know?

I don't understand how there can be no record of it. Either you were divorced or you were not. If you were, there would be a court record assuming the divorce was entered in one of the 50 United States. If you were divorced abroad, then you need to talk to a lawyer in that country regarding its effects and getting a copy of your divorce decree.

If you truly were not divorced (never served with divorce papers and there is no court record anywhere) then how is it that you are remarried? Your current marriage would be bigamous.

If I were you I would immediately talk to a family law attorney who practices in Randolph County and find out what you need to do to get a valid divorce so that you can remarry your spouse once the divorce from the first spouse is final.

Here's the deal - either you were divorced or you weren't. The fact that there is no record of the divorce makes it difficult to prove you were properly divorced but on the other hand is not proof that you were not properly divorced either. So, finding out for sure one way or the other whether you were properly divorced what you need to be immediately concerned with. If it turns out you were properly divorced - no harm no foul, the world goes on spinning and life is good. If it turns out you were not properly divorced - then you are now most likely in a bigamous marriage which would mean in NC you are not married to your current wife at all, along with all the bad consequences of not being married when you believe you are. Bigamy is a felony in NC but if the bigamy was due to legitimate mistake and not with some sort of fraudulent intent most District Attorney's will not prosecute you if you get it cleared up. So what you need to do is hire an attorney to research your divorce status and depending on the result of that search - either breath a sign of relief or have the attorney take the appropriate action to fix the situation.