Legal Question in Family Law in Texas
I was married to my dead ex husband from 1978 to according to divorce decree he filed in New Mexico to 1985.
We started living together in 1970, had a child, and filed taxes as husband and wife all the years we were together.
He died in 1989, and was married to someone else at the time of his death.
When I applied for widow's benefits, I found that he had divorced me in 1985, however on the divorce decree he stated that we were married in 1973.
I knew nothing of a divorce, and assumed that I was still married to him at his time of death.
Is the the divorce decree valid since the date of marriage was recorded wrong on said decree?
From what I understand, it is left up to the party who initiated the divorce to rectify the dates in order to validate the decree. Since he is deceased, he cannot rectify the date, so is the decree non-valid?
1 Answer from Attorneys
The decree is probably valid. Having a wrong date of marriage would not invalidate it.
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