Question:
Why is it difficult to prove that no divorce occurred, and how does Texas law deal with that problem?
Answer:
It’s hard to prove a negative—you can’t point to what doesn’t exist. In Estate of Claveria v. Claveria, 615 S.W.2d 164 (Tex. 1981), the Texas Supreme Court required the first wife to do more than just say the marriage never ended. She had to show she searched the public record in every county where a divorce might’ve been filed. That’s how the law handles the problem: not by asking for impossible proof, but by demanding evidence of a serious, honest search. If you can show that, the court might accept it.