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jackie100 · Oct 30, 2007, 09:18 AM

I left my husband about 6yrs ago and I have never spoken to him or heard from him since then. I heard that he has remarried but I don't know if this is true and I don't know what I need to do if I want to marry someone else.

kanicky73 · Oct 30, 2007, 09:21 AM

Im confused. When you say you left him, did you file for divorce or just leave? If he remarried than something must have been filed somewhere. You can't go and obtain another marriage license if your still married. Don't get me wrong, stranger things have happened but maybe he filed and was granted the divorce and just claimed he didn't know how to reach you, therefore he was granted the divorce by default so to speak. I would contact the courts and see what they have on record. Or most states have an online circuit court access website where you would be able to look him up. What state do you live in, I will try to find the website for you.

vlee · Oct 30, 2007, 09:31 PM

It is possible for someone to obtain a marriage license without being divorced from the first spouse, but it is illegal, and his new marriage would not be valid. When you apply for a marriage license you are not "investigated". So it is very possible that you could file, receive the license, and wed illegally. The courts don't look into whether you filed for divorce the first time around. They expect you to know if you're married or not and hold you accountable for the consequences if you remarry illegally. That said, it is possible he filed under abandonment and the divorce was granted without your knowledge. Visit the courthouse where in the county you lived together and any in counties he has lived in since and look for a divorce decree. If there is non, you are still legally married. If there is one, you are not.

kanicky73 · Oct 31, 2007, 06:59 AM

I do know in the state that I live in, if you file for a marriage license and they enter your name in the system it does get flagged if your name shows up in the system again. They then decipher if its just someone with the same name as you or not. If they come up with a duplicate name and then have a divorce on record for you then they will issue you another marriage license. That is why you have to file for divorce in the same county that you married in or obtained the license in. Like I said I am not sure about other states but I know this to be true for the state I live in. If he moved and went to another state and filed for a marriage license the red flag might not have come up, but as vlee stated above, it still would not be a valid marriage unless he could prove that his marriage to you was dissolved. As I stated above go to the court house for the county you married in and ask them to check. We both stated that he may have been granted a divorce without you knowing it. If there was marital property involved that may be a whole other issue.

shecez · Oct 31, 2007, 07:15 AM

I would check by ringing a Civil Court in your area, they may be able to advise. Good luck

vlee · Nov 1, 2007, 09:40 PM

Good advice Kanicky, but in my state you file for divorce in the county you have resided in for the last six months. If it's been less than 6 months you file in the county you used to reside in. And here, you can get a marriage license without a divorce because the different county courts don't look into your history from other counties very well. Also, there are states where you just sign a sworn statement claiming you've never been married and a marriage license will be issued. Sadly, I think the courts do it more for the money (license fee) than to prevent anyone from breaking the law.

kanicky73 · Nov 2, 2007, 06:59 AM

That sucks! I would still give it a shot though and see if the courts have any records at all. They would at least be able to tell you if a divorce was granted to him. Maybe check all the county courts that you think may apply. Good luck, keep us posted.