Legal Question in Family Law in Utah

divorce

I just found out that my mom filed for divorce from her first husband on 8/10/1959. According to vital records the divorce was dismissed on 4/28/1960. All these years my mom thought she was divorced. She married my dad on 4/3/1965. My mom just passed away this last August, my dad died in 1999, and her first husband died in 1986. From a legal standpoint, was my mom and dads marriage legal? Does my mom and dads marriage cancel out the first one or does this make my mom a polygamist? My sister and I were looking for divorce records to keep our handicapped brother on our moms insurance. What do you suggest we do? Thank You for any comments


Asked on 10/20/08, 8:15 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: divorce

You did not provide enough information to explain how you can keep a child on an insurance policy on a deceased. Generally insurance policies terminate on the death of the insured.

Your mother may have inadvertently been a polyandrist.

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Answered on 10/21/08, 10:40 am
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: divorce

In answer to your question, your mother's second marriage was not legal and was, in fact, void if her first divorce was never finalized. Her second marriage does not void the first. With respect to insurance benefits for your brother, I wouldn't be able to give you any more information without knowing a lot more. As far as what you can do to fix the problem, the court may actually allow you to reopen the divorce case and get a decree submitted and entered retroactive to a date prior to your mother's marriage to your father. This would then legitimize her marriage to your father.

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Answered on 10/21/08, 7:49 pm


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