Do I have to file for Div.?

What is the name of your state? Texas

My then fiance and I applied for a marriage license in March 1997. In Texas, a couple has 30 days to use the license and a waiting period of 72hrs. We used our license on the fourth day after recieving it but never returned it. Since then we have broken up and my husband claims he destroyed the license. I still have proof of a marriage i.e. videotape w/time&date stamp, witnesses, and the minister that married us is a good friend of mine. My husband has remarried now and I want a divorce in order to get remarried. Can I do this? Do I have enough proof to prove that we were indeed married? Is this a legal marriage even though the state has no record of it? Does this make him a bigamist? He figured that destroying the license resolved the marriage and I told him it didnt.

I would call my county records department or wherever you obtained your license and ask your question. States vary in laws regarding this issue. However, the following is an EXAMPLE of how to get an unrecorded license recorded in MOST states, but I cant tell you what Texas does.
Good luck!

In the event that any marriage license is not returned for recording, as provided in subsection (c) of this Code section, either party to a ceremonial marriage may establish the marriage by submitting to the judge of the probate court the affidavits of two witnesses to the marriage ceremony setting forth the date, the place, and the name of the official or minister performing the ceremony. The judge shall thereupon reissue the marriage license and enter thereon the certificate of marriage and all dates and names in accordance with the evidence submitted and shall record and cross-index same in the proper chronological order in the book kept for that purpose.

I took your advice and I was told that either I could go ahead and get re-married since there is no actual "license" to turn in due to it being destroyed.(Basically, the clerk said he would be stupid to not destroy the first license if he got remarried!) Or I could hire an attorney and get a chance before a judge and present my reason of why I feel that we are married. This bit of info has me indecisive on how to handle it. One way wouldnt cost me anything right now BUT could cause alot of unnecessary stress later on and the second way could cost me now but no grief later.