Legal Question in Family Law in Texas
I filed for a divorce about 60 days ago...paid constable to serve my husband whom i haven't seen in over 10 years. A postcard came back from Constable saying-Bad Address; Defendants mom stated her son passed away last year 7-27-08 . At this point i don't know what my next action is supposed to be. i don't have my marriage or his death certificate to prove this. But why woould she say this and it not be true....What are the next proceedures to take in the matter of my divorce???????
2 Answers from Attorneys
Start by checking the county records where he lived, to determine if a death certificate was issued. You may be widowed.
If he is dead, you are now a widow. Therefore, no divorce is necessary. However, when you retire you might be eligible to receive some of his benefits so be sure to keep a copy of your marriage license and his death certificate for social security purposes.
If you need help getting the death certificate, let me know. I charge $150 per hour for my legal work.
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