Can I remarry since I do not know the where abouts of my husband whom I've been separated from since 2001?

Asked almost 2 years ago - Houston, TX

I tried to find him on the internet and I discovered that he remarried in 2010. Can I assume that we are divorced and remarry? I have not talk to him or had any contact with him since Dec. 2001.

Attorney answers (4)

  1. Mark Anthony Cohan

    Pro

    Contributor Level 15

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    Lawyers agree

    Answered . It depends if there was a divorce decree ever entered or not. If he's divorced you, then you're free to remarry. If he hasn't, then your subsequent remarriage won't be legal (not illegal, just not legally recognized if it ever comes up). I'd consult a lawyer to do some searches and possibly get a divorce put through for you.

  2. Sally S. Andrews

    Pro

    Contributor Level 4

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    Lawyers agree

    Answered . Fran Brochstei's answer is right on point. Go one more step if there is a divorce of record: obtain a certified copy of that decree by determining the court in which the decree was filed. If it is not merely a divorce but has any provision for property that was community, including retirement benefits, you may need to investigate whether a declaratory or other action against him is necessary. You also need to be sure that the person with your husband's name is/was your husband, and not just someone with an identical name.

  3. Fran Brochstein

    Contributor Level 18

    2

    Lawyers agree

    Answered . You can contact Austin Texas's Bureau of Vital Statistics and see if there is a divorce on file. If not, then you need to divorce him.

    There are plenty of attorneys in Houston so pick one & get it done properly. I would never ASSUME that I was divorced if I had not signed divorce papers. If you are not legally divorced then you are still married to him. If you win the lottery, he could show up & want 50% of your winnings!

  4. Charles Emmerich Hardy

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Not to mention the fact that if you remarry and are still married, you may be charged with the crime of Bigamy.

    Charles

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