How can I prove my "husband" is still married to his first wife?

Asked over 3 years ago - Austin, TX

I am trying to file some papers with the courts here in austin texas (travis county) to declare a marriage void. The law librarian said that i could file those papers if i could prove he is still married... HOW DO I DO THIS!?!?!?

Attorney answers (2)

  1. Thomas James Daley


    Contributor Level 18

    Answered . You don't have to prove anything. Just file the petition to declare marriage void and cite as your reason that your "husband" is still married to his first wife. Let him prove that he is not. It sounds like a little backwards to have the burden of proof placed on him, but you can't prove the he never got divorced. You can't prove a negative. Only he can prove that he DID get divorced.

    You should consult with a local family law attorney. Trying to do this on your own is dicey and probably won't work. An annulment is not a very expensive proceeding.

  2. Janice Newman Teetsell

    Contributor Level 13

    Answered . You are so fortunate that Texas has placed marriages and divorces on-line. You should check with the court clerk on line in the county to locate the date of your husband's first marriage - if you know the approximate year of marriage - and then follow through. I located a spouse of a client of mine in New Jersey using the on-line services in Texas.

    Hope this is helpful.

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