1,837. When Witnesses Disagree

Hilchos Geirushin 12:7

The above halacha applies when the witnesses say that the couple was only recently divorced; in that case, we tell the woman to produce her get. If the witnesses say that she was divorced a while ago, then it’s possible that the get got lost. Since she says that she was definitely divorced, and since two witnesses corroborate her claims, then even though there are two witnesses who contradict her, if she marries one of the witnesses, they are not forced to separate. Since she and her new husband know whether she is permitted, we assume that they wouldn’t place themselves in a problematic situation. If she marries someone other than one of the witnesses, then since he can’t be sure, they're made to separate. The same is true if she’s uncertain about the divorce, even when marrying one of the witnesses. The legitimacy of a child born to such a union is in doubt.

Hilchos Geirushin 12:8

If two witnesses say that they saw the woman was divorced and two others say that they didn’t see this, then if they are all residents of the same courtyard, the woman shouldn’t marry; if she did so, the couple need not separate and the legitimacy of their children is not in question. This is because it’s not uncommon for people to divorce privately.