Question:
What kind of evidence does a Texas court expect when someone claims a prior marriage was never dissolved?
Answer:
A Texas court expects concrete proof of a diligent search. In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the woman claiming to be the first wife didn’t bring certified court records or testimony showing she looked for a divorce decree. The court wants sworn affidavits, certified letters from district clerks, or proof of county record searches where the spouses lived. Just saying there was no divorce isn’t enough. You have to show you looked—and found nothing.