Legal Question in Family Law in California
What do you mean I'm not divorced?!
In April 1994 I filed for divorce. There were a number of court appearances and eventually a settlement conference in November 1994. At the conference, we came to an agreement and were sent to a pro tem judge who declared us divorved effective that day since it had been over six months since the initial filing. I specifically asked if we had to do anything else and he told me ''No, you are divorced. You could walk out that door and get married again today if you wanted to.''
Two years later I did get married again. And later divorced again.
In July 2005 I got married again. My husband is not American and we are in the green card application process. I sent away for a copy of my 1994 divorce decree . . . and instead got back a copy of the minutes from the settlement conference (noting that the dissolution was granted effective 11/23/94) and a note that a final judgement was never filed and I should seek legal counsel about how to complete my divorce!
How could this happen and what do I do now?
3 Answers from Attorneys
Re: What do you mean I'm not divorced?!
The judge who granted your divorce made what amounts to a clerical error. He should have instructed you to submit a Judgment for his signiture. You need to submit the form now and request that the judgment be entered "non pro tunc". That means that you want the court to backdate it to the court date. I would attach a declaration explaining all this. If you marry again when you are not divorced it may void the remarriage. That's why immigration wants proof that you were divorced. If the court grants your divorce non pro tunc then your new marriage can't be voided out.
Re: What do you mean I'm not divorced?!
There may be other requirements besides a judgment, as preliminary and final disclosures. Call me directly at 16192223504.
Re: What do you mean I'm not divorced?!
You need to file a motion with the court to have your judgment signed by the court "Nunc Pro Tunc." ( a Latin phrase meaning "Now For Then") This has the effect of rendering the judgment effective as of 1994. Please be sure that you make the motion correctly the first time with appropriate declarations to the court. Prior to submitting your documentation you should check the court file and review any minute orders contained therein.
Regards,
Damian Nolan.
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