Divorce granted a year later than thought

[toad411]

What is the name of your state? New Mexico Divorce/ Remarried in Virginia

Here is the thing...I was divorced in New Mexico where at the time my now Xhusband and I owned a house together. To keep track of the process I made frequent calls to the court house in NM to keep track of the process as I was travling constantly for work. In Dec. of of 2001 I was told by a clerk that the papers had been "signed by the judge".

I never recieved copies of the finalized documents, and according to my Xhusband he never recieved a copy either.

In March of 2002 I was remarried in Virginia.

Now five years later my husband and I are are in the process of adopting a child. In the process I have learned that my divorce from my first husband wasn't until December of 2002 a year after my conversation with the clerk.

As I understand it, my husband and I are not married. We are both upset, and don't know what to do about this. We have one child together. Not being legally married we can't adopt as we were hoping to. I don't even know where to begin to fix any of this. I don't even know if I can.

 

[Ohiogal]

Weren't you required to show a copy of your divorce papers when you applied for a marriage license? Actually you may very well be married. The marriage is not necessarily void but is voidable.

 

[LdiJ]

Weren't you required to show a copy of your divorce papers when you applied for a marriage license? Actually you may very well be married. The marriage is not necessarily void but is voidable.

Also, since you are definitely divorced from your previous spouse, you can simply get married again....but it may not be necessary, as OG pointed out. Check with an attorney in Virginia, since that is where you got married.

 

[Bretagne]

Definately don't freak out. Unless your current husband wants to have your current marraige voided, you are married. Shouldn't affect the adoption; just startled you that it technically occured a year later than you had thought!