If You Cannot Find a Record of Divorce is a Subsequent Marriage Void

My question involves a marriage in the state of: Nevada, & Colorado
I was briefly married at 23 when I got pregnant. Miscarried then separated. We met with lawyer and drew up simple divorce papers and ex was suppose to file them. Fast forward to 24 year marriage, two kids, now divorced for three years. I am a flight attendant who made $17,000 last year. Ex pilot making well over $250,000. I get 3,000 a month in spousal support. I did not use a lawyer during the divorce, I was abused and weak and grateful to get out. Ex showed up in court with lawyer and changed many things from our original decree, and keeps suing me for things he put in final decree. He wanted $6,000, I paid him $1500. He legally stole $30,000 from 401K and hid assets. I got very little in divorce, even after our home sold.
I got a letter from a lawyer today stating they cannot find record of my first divorce, and my lengthy marriage may have been void. I assume ex is trying to get out of paying spousal support which he is suppose to pay for 7 more years. I admit I may have been careless on the first divorce but I was sure I was divorced. I have now been sober for 25 years, I take care of my business now properly. I am also concerned now that I won't be able to collect SS when time comes as I was a stay at home wife and mother who gave up her career for family. And can he make me give back the retirement fund we split after the divorce? Thank-you for any advice. I will reluctantly contact first ex tomorrow to see if and where he filed divorce papers.

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Quoting SmileyFlyer

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My question involves a marriage in the state of: Nevada, & Colorado
I was briefly married at 23 when I got pregnant. Miscarried then separated. We met with lawyer and drew up simple divorce papers and ex was suppose to file them. Fast forward to 24 year marriage, two kids, now divorced for three years. I am a flight attendant who made $17,000 last year. Ex pilot making well over $250,000. I get 3,000 a month in spousal support. I did not use a lawyer during the divorce, I was abused and weak and grateful to get out. Ex showed up in court with lawyer and changed many things from our original decree, and keeps suing me for things he put in final decree. He wanted $6,000, I paid him $1500. He legally stole $30,000 from 401K and hid assets. I got very little in divorce, even after our home sold.
I got a letter from a lawyer today stating they cannot find record of my first divorce, and my lengthy marriage may have been void. I assume ex is trying to get out of paying spousal support which he is suppose to pay for 7 more years. I admit I may have been careless on the first divorce but I was sure I was divorced. I have now been sober for 25 years, I take care of my business now properly. I am also concerned now that I won't be able to collect SS when time comes as I was a stay at home wife and mother who gave up her career for family. And can he make me give back the retirement fund we split after the divorce? Thank-you for any advice. I will reluctantly contact first ex tomorrow to see if and where he filed divorce papers.

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I definitely would have hired a lawyer in this case or would still get one...but if there is no record of your first divorce that turns up then yes your 24 year marriage is void.

Your first marriage and possible divorce took place in which state?

Your remarriage and more recent divorce took place in which state?

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We met with lawyer and drew up simple divorce papers and ex was suppose to file them

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Whatever county that happened in, you get on that divorce court's website and check for your name and the spouse's name if there is a case search feature. If there is no case search feature, you call the court (might not be on the computer that far back). If there is a file, you order it copied (completely) and sent to you. You might have to pay by credit card or send a check.

First marriage took place in Nevada. Second in Colorado. Resided in AZ the past 20 years. Recent divorce took place in AZ. I already wrote to Washoe county court as per their instructions to receive a document if it was ever filed. First Ex cannot be found, very common name, all phone numbers located on internet for him are disconnected. Although I'll continue to search. It appears he may have married again a couple of times. I admit this was very irresponsible of me. I was 23 and very immature.

Does that mean he can discontinue my support? Thank-you all for your help.

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Does that mean he can discontinue my support?

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No way to predict.

One thing, though, if you let him divorce you and you didn't have a lawyer to protect your interests, you'd better get one now.

You can check with the court records in which the divorce was filed to see how the case was resolved -- whether there was the entry of a divorce judgment, or whether there was a dismissal due to the failure of the parties to finalize the proceeding.

If in fact your ex-husband files a motion to set aside the divorce or to discontinue spousal support, or if you believe that there is a good chance that he will do so and you want to be proactive, and you cannot locate an order of divorce from your first marriage you should work with a very good family lawyer in your state. It may be possible to prevent the motion on such grounds as its being untimely or inequitable, but the case law on this type of issue is sparse.

Thank-you. Is my first marriage is still valid, does this mean my first ex is their legal dad? He was a cocaine addict and a criminal. which was a surprise that came after we were married. Second ex's lawyer implied many legal consequences and quoted case law from 1947.

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Quoting SmileyFlyer

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Thank-you. Is my first marriage is still valid, does this mean my first ex is their legal dad? He was a cocaine addict and a criminal. which was a surprise that came after we were married. Second ex's lawyer implied many legal consequences and quoted case law from 1947.

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You are putting the cart WAY before the horse. You do not know that you are not divorced from your first husband. You only know that your second husband hopes to find out that you were not divorced from your first husband.

No, your first husband is not going to be the legal father of your children. Even if somehow your second husband would attempt to assert that, the judge would simply order him to take a DNA test.

You REALLY need an attorney. You are allowing yourself to be walked all over.

Thank-you, I made appt. with a lawyer on Tuesday. There really should be a check in place when a party applies for a marriage license to prevent these occurrences. I had a solid belief I was divorced.