Legal Question in Family Law in California
divorce
I had filed for divorce 18 months ago but never completed it. My husband remarried and I need to prove I am still his wife because he is incapacitated and I need to make medical decisions for him.
1 Answer from Attorneys
Re: divorce
Your marriage License and the dissolution case showing that the marriage was never dissolved. However if the new wife thought that she was legally married, she could be considered his wife. The court very likely will allow her to make the decisions as she was the last wife. The dissolution of your marriage was already started and was thought to over before the marriage. She could also ask the court to enter a judgment nunc pro tunc to a date prior to the marriage. This would result in your marriage being dissolved prior to the new marriage, and would make the marriage legal.