If Iam ready to remarry, how do I find out if I am still married or divorced?

I was married in TN. We parted ways in TX. I haven’t had contact with her in 3 years. I have called numerous courthouses and researched online (paying for information twice) and can’t find any record of a marriage or divorce. I feel like she would have filled for divorce a long time ago and might not have been able to find me because I travel for work and don’t have a permanent address. I want to remarry but don’t know if it will be legal.

Asked on July 19, 2010 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The consequences of still being married could be VERY severe for you. For starters, a new marriage would be invalid; also the "ex" wife who's still a wife would have a claim on your assets, could make health care decisions for you if you were incapacitated, and would inherit from you. She could also, depending on how she files and what representations she makes to the goverment or lenders, potentially entangle you in financial and tax issues.

Retain a family/matrimonial lawyer. Let him or her guide you in how to make sure you are no longer married, which may involve you filing for divorce. It would be well worth it. Good luck.

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