Legal Question in Family Law in California

divorce

I have just found out that my ex husband did not finish filing our divorce papers in 1988, we are both remarried and have no contact, how can i rectify this, can i file and get this taken care of asap?


Asked on 6/25/09, 1:09 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: divorce

Contact the court in which the divorce was filed in 1988. Then file a motion to reopen the case. If the court allows you to reopen the case, then you can request the court to enter a judgment of divorce nunc pro tunc. This would have the judgment becoming affective prior to the date of your present marriage. Because the case is 21 years old it may have been dismissed by the court and permanently closed. But that would be the fastest way to get the divorce completed, and would validate your current marriage.

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Answered on 6/30/09, 11:34 pm
Brent Rose The Orsini & Rose Law Firm

Re: divorce

You need to divorce you "first" husband. You are not actually married to your current "spouse" because you can't be married to two people at once. Your "second marriage" never actually occurred beause you were still married at the time.

After you divorce your "first spouse," you need to marry your current "spouse," if you still want to.

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Answered on 6/25/09, 4:50 pm


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