Port St Lucie, FL asked in Social Security for Florida

Q: See additional details

Ok this is a tricky one "maybe". My Dad divorced my Mom in 1973 in Santo Domingo after 13 yrs of marriage. My Mom was not present at the divorce proceeding or knew of it taking place so she does not have a divorce certificate. He never wanted to give her a copy. We know he did have some sort of document as he was able to get married in 1973 a month after he claimed to have divorced my MOM in Puerto Rico. Now my Dad has passed away and my MOM, since she never remarried and is his his first wife of 4 wives, can claim 50% of his SSI benefits. My Mom is 72 yrs old. She filed for her share but SSI is telling her that without her divorce decree she cannot claim her share. Yet his last wife can claim her benefits. My Mom has tried to locate the divorce decree with no avail and we have found nothing. WHat options does she have at this time so that she does not loose her entitled chance of getting her benefit?

Related Topics:
1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: It should be available from the clerk in PR. It is a public record, if there is one. If there is not a divorce decree or final judgment, or whatever it might be called, then they could still be married. My gut feeling is that there was no divorce and if that is the case, she would be the only one entitled to anything. Have her contact the clerk of court in Santo Domingo.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.