Legal Question in Family Law in Texas

My estranged husband died in Texas a few years ago and I live in South Carolina. I did not know he had died as we had been out of contact for sometime and someone we both knew ran into me and told me about it. Anyway, the person who found his body had him listed as divorced on his death certificate. We are not divorced and I have searched divorce records here in SC, in FL where we once lived and where he is from, as well as in Texas. I was told if I could get the witness or the funeral home to get a notarized statement saying it was marked incorrectly it could be easily fixed, but when I contacted the funeral home they acted like they didn't have his records, and the informant, or witness who found him said he didn't want to get involved that he was just a neighbor. I really don't want to get a lawyer it is just too expensive for me right now, especially if I am going to have to travel all the way to Texas from South Carolina. Do you know of anything I can do myself without having to get a lawyer? They told me when I called the courts in Texas if I couldn't get the people to get a statement I would have to get a lawyer to have it amended, but is there anyway I can somehow do it myself? It seems so simple if there are no divorce records.


Asked on 12/31/11, 9:07 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Check if he is dead first. Contact the social security death records..

Check with the bureau of vital records in Texas. There may be a record of divorces.

If he is dead, get a copy of the death certificate from the bureau of vital records (or the funeral home.) The death certificate will show where he died and were he resided when he died.

To get a divorce in Texas, you have to reside in the county where you file for at least 6 months.

Each county should also have a department of vital records.

If the death certificate is not correct, contact the bureau of vital records about amending it.

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Answered on 12/31/11, 10:46 pm


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