Legal Question in Family Law in California

Re: final judgement divorce

That really depends upon the status of the action that was filed in 1976. (Normally dismissed in 3 - 5 years for failure to prosecute.) If the case was never dismissed you can probably get a final dissolution in that action. It may be possible to enter the judgment nunc pro tunc (back date the final date) which would validate your previous marraige and your curent marriage. If it has been dismissed then you will need to file a new action and wait the 6 months and then re-marry your current husband. If you get a copy of all documents in the court file on the first divorce and fax, e-mail or snail mail them to me I can give you an opinion of your options and your best course of action. Good Luck, Pat McCrary

Re: final judgement divorce

Is it that you know for a fact you never took that old divorce to judgment or you don't have a copy and aren't sure? Your 1976 case is too old, when those cases go to judgment, they microfiche the judgment and destroy the file, so I hope you have done what you can to retain/obtain copies of filed documents. If you never got a judgment, it may be possible to now obtain a judgment "nunc pro tunc," that is, backdated to a date prior to your marriage, then your spouse is OK to go forward with CIS. Otherwise, you'll have to refile the divorce, complete it and remarry your wife.