Legal Question in Family Law in California
Final Judgement Divorce
I'm retireing and need to have proof of my divorce for pension, SSI, and any thing else that will require a final judgement. Went to LA court and found that my final judgement was never filed. Interlocatory was filed (entered into the green book) but no final judgement. The clerk told me that this is not unusual for that period of time(1967-72). I need to get a final judgement and have it back dated. (per Court Clerk) Is this possible?? How and where do I start. My ex has married twice and had children by both wives. I do not wish to share my retirement pension or SSI with him. Please help!!!!
3 Answers from Attorneys
Re: Final Judgement Divorce
You will need to file a motion with the court to have the judgment entered "nunc pro tunc." That means you are asking the court to enter the judgment with a date sometime in the past.
If you have any information regarding the matter it would be helpful, however, the process should not be terribly difficult. You really should seek the assistance of a competent family law attorney to assist you - it will be money well spent.
Regards, Damian Nolan.
Re: Final Judgement Divorce
You need to go to court and file a motion to have judgment entered. If necessary, the judgment can be backdated -- the legal term is "nunc pro tunc" -- where it is clear that a paper should have been filed in the past, but was not, due to mistake or inadvertence. Do you have any paperwork from the divorce proceedings? My best guess is that most of the legal file was destroyed. The procedure should be straightforward, you will need the assistance of an attorney. I regularly appear in the Los Angeles courts, let me know if I can help.
Reply: Final Judgement Divorce
The forms to enter a "Final Judgment" no longer exist, as everything from that period of time has changed. As a result you may have to file a motion to enter judgment.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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