Question:
How can someone prove there was no divorce from a prior marriage, as required in Estate of Claveria?
Answer:
To prove no divorce, you search every county and court where either spouse might have filed. In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the first wife failed to show that her marriage to the decedent never ended. She didn’t offer certified records or testify about a diligent search. Courts want to see proof of due diligence—sworn statements, certified letters, county index searches. It’s hard to prove a negative. But if you dig deep in every place they lived, and show no record of divorce found, that can be enough. Without it, the later marriage wins.