Legal Question in Family Law in Virginia
Mexican Divorce
My ex husband, who passed away last year, attained a Mexican divorce in 1970. At the time he was in the US Army stationed here in Virginia, and I was told he attained this divorce through the mails and by phone. My lawyer at the time told me this divorce was not legal, so I proceeded to attain a VA divorce which I got in 1973. My ex did all that was necessary to attain this VA divorce. He remarried here in VA in 1970 after they both got their Mexican divorces. I am wondering if our four children have any rights to his extate. Was this Mexican divorce legal, and were they legally married. After their ''marriage'' they lived in VA, ME and AZ.
1 Answer from Attorneys
Re: Mexican Divorce
More information is needed to answer your questions. You don't say whether he had any children from his second marriage. As to
whether your children have any rights to their father's estate, you would need to determine whether he had a will and what the will said about that, if anything, or whether he died intestate(without a will).
Whether the Mexican divorce and his remarriage
were "legal" , could well be issues that are simply not answerable at this point in time, depending on what documents and verifiable information is still available.
(In fact, this might well be one of those proverbial sleeping dogs that one is better off not disturbing).
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