Legal Question in Family Law in California
Annulment not final before second marriage
We found out several weeks after a second marriage that an annullment was not final at the time of a second marriage. We have been told that the marriage is legal, however the annulment is not complete. The clerk's office said there is a form that can be filed with the Court that will change the date of the annulment, making it final before the date of the second marriage. However, I am unable to locate this form in our county. After searching the Law Library I was not successful in finding anything.
Please advise what we can do. We want everything on the up-and-up and legal.
2 Answers from Attorneys
Re: Annulment not final before
I'm not sure what form the clerk is talking about but you could just quietly go through a second ceremony to make the secong marriage legal. I suppose you could also file a motion asking the court to change the annulment date.
Re: Annulment not final before second marriage
It is the regular judgment sheet which you can get from the county clerk. Check the box for nullity. Also check the box that says the judgment is entered nunc pro tunc and then put in the date you want it to be entered. If this replaces a judgment already entered, type in "Amended" in the main middle box where it says "Judgment" and at the "other" box put in that this judgment supercedes any previous judgment entered in the matter.
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