Legal Question in Family Law in California
Ill attempt to keep this as brief as possible. In the yr. 2000 a calif county superior court claims that I am a divorced woman. I was unotified about this date of dissolution and was not at this hearing. However when I have asked repeatedly for this county courthouse to send me(and I have paid for this request numerous times)the actual record of dissolution and entry of judgement, This is the exact response I have been given , over and over.p.s, I have spoken via phone to the actual county clerk as well over the past 10 yrs. with the same response you are to read. "We are unable to locate the judgement order for case #..... filed on feb. 2, 2000. However here are the attatchments. There is no cover page of the order, nor any signature by any court judge, or official, or even a county clerk.Nor is there any county stamp as a final dissolution as being filed. Nor is there an entry of judgment anywhere in their public records, microfish, basement, they just write back with same excuse. I only receive attatchments every single time. There is not even a signature of the man I was/am married to in agreeing to such of a legal court order finalizing our marriage. In my way of thinking, if there is no final divorce decree and or entry of judgement...it doesnt exist. However the courts do say I am divorced. Just no record. Not even in their own computer system. So, can I refile for divorce myself in the county I have now lived in for 9 yrs? Since I donnot believe the divorce was actually ever finalized? He no longer lives in the county where case was originally filed either. I need to finalize this for my own mental sanity and clarity. Since anything I receive or look up for research purposes I am still recognized as my married name. After several attempts of explaining that I am supposedly not married to this man any longer. I need serious help. As this mess has done some irreversable damage in my life. And I need justice to rightfully be given. That is why I want to bring him into my county and finalize what I dont believe ever was. Thank-you for any/all assistance given. Ill be waiting ever so anxiously for a response on how to get my name and legal marital status where it belongs....Divorced! And be able to be me again.
2 Answers from Attorneys
If they have you docketted as divorced and a partial document in the file, you should be able just to submit a new final judgment along with a declaration of the facts of the situation and a request that the court enter and file the judgment "nunc pro tunc" which means literally "now for then." It will make the document you submit now effective back on the date of the orignal event.
You are correct that if there is no decree of divorce, you are not truly divorced. I also agree with Mr. McCormick that you may not have to refile a new dissolution of marriage petition, but rather ask for entry of a judgment nunc pro tunc.
I would suggest you speak to the family law facilitator's office, or an attorney specializing in family law. It seems like such a waste of money to start over, especially if the court lost the original judgment, and it can be easily corrected.
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