Legal Question in Family Law in Oklahoma
divorce
I am currently in the beginning stages of a divorce from my wife, she recently indicated to me that she was never officially divorced from a previous marriage in california, then recanted that statement. My question is, how can I find out if she was properly divorced previously and if not, is our marriage legal or does this open other avenues to dissolve our marriage without a costly divorce court battle?
1 Answer from Attorneys
Re: divorce
I suggest that you start by contacting her "ex-husband". He should be able to provide you with a copy of their divorce decree, or at least verify if and when they were divorced. If that doesn't work, check the court records in the county where your wife lived at the time she or her "ex" may have filed for divorce. Obviously, you can always require her to respond to your questions through formal discovery(eg. interrogatories, requests for production of documents, deposition, etc.).
If she was married at the time of your marriage, then she could not have entered into a valid marriage with you. In that case, it would open up other issues to resolve-possibly giving you leverage in your negotiations with her.
Good luck.
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