Divorced - now reconciled

[HLH9000]

I live in Wisconsin. My husband and I got divorced in 1995. We were apart for 3 years and in 1998 decided to get back together.

I have never recieved an actual certificate of divorce - I assumed that is was filed in the court house, and that we are legally divorced. We went through court, had the judgement etc. etc.

At the present we live as though we are still married. We have children, property, cars etc. We present ourselves as married.

My questions are: Is there a way to annul a divorce and because there were obvious problems with our marriage in the past- I hesitate in getting married again. What kind of legal precautions do I need to take in this situation? I don't think Wisconsin recognizes Common Law marriage, but if we were already married, does that change the rules?

I would appreciate any advice you have to offer. Please forgive any spelling errors. Thank you for your time.

 

[usmcfamily]

As long as the paperwork was file properly and procedure was followed you are divorced -- you do not receive a "certificate"....you would have had to contact the family court after the date the divorce would have become final and inquire if the judge had signed the papers.
Now your best bet is to contact either the courthouse the case was it or the office of vital statistics in the state this took place and inquire.....from the vital statistics office you can obtain a copy of the record of the divorce that the was filed by the courts with the state.
Once a divorce is final - and most especially after so many years - there is no "going back" except to re-marry.

 

[HLH9000]

Recommendations?

Thanks for your reply.

Do you have any recommendations for legal documents I would need to protect myself.... In case it doesn't work again? Everything is in his name, however I have contributed equally.

Hopefully we will make it this time, but it takes a lot of work. And both parties have to work at it.

 

[usmcfamily]

Everything meaning what.....house, car, etc??
It is very simple -- you tell him that for you to feel comfortable trying this again you want to be added to the paperwork on these things (mortgage, loan/title, etc...) and if he is truly committed to this he should have NO problem doing it at all. Once he agrees to do this he will need to contact all parties concerned with the various "everythings" and go about doing the proper paperwork to get it done. If this is the assurance you need to do this then I would hope he is willing to give it to you.
The only other thing I can think of as to your question is that you might ask him if you could draw up a "pre-nup" that would address all your concerns and spell out what is to happen if it doesn't work out -- you both sign and have it notarized as a legally binding contract (best to have an attorney assist with this)...although you normally only hear of pre-nups with the rich/famous it can actually be used to address any concerns you may have about what would happen if things go sour again.
Good luck and God Bless