Ormond Beach, FL asked in Divorce for Florida

Q: I’m married, but have discovered that I may not be divorced from my previous marriage, what should I do

I was told that my ex husband had passed away so I remarried. I was trying to find his death certificate but couldn’t find it and I don’t know where he is. Is my current marriage legal and if not what should I do.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: If your first husband had indeed died prior to your second marriage, you would not have been "divorced from [your] previous marriage", but in fact the marriage would have ended in your husband's death. if, on the other hand, you were told incorrectly that he was dead, and he was alive at the time of the second marriage, the second marriage would be void.

You indicate that you can't find the death certificate. Did you have it at one time, or do you mean that you have searched for one with public agencies such as bureaus of vital statistics?

If you believe your first husband is indeed still alive, you would have to divorce him before you can re-marry your "current husband". Consult with a family law attorney.

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