Legal Question in Family Law in California
I found out my divorce of 25 yrs ago was not filed as finalized. I am remarried for 7 yrs now. Spoke to an attorney and was told we need to refile and I am not legally remarried. Is there a way to process my first divorce and it be retro back? This is serious because of medical coverage, pension and such if my 2nd marriage is not legal.
Thank you.
2 Answers from Attorneys
It MAY be possible to get a judge to sign a "nunc pro tunc" dissolution judgment. There also may be other options for dealing with the insurance and pension issues if that will not work. Either way, however, you have a very serious and fairly complex legal issue here that you are never going to get resolved asking questions on the internet or trying to handle it on your own. You are going to need to have a lawyer help you with this in person.
I agree with Mr. McCormick. If the previous divorce is still pending, you may be able to get a nunc pro tunc dissolution of marriage entered. It is going to be more difficult if the entire case was dismissed 25 years ago. You are going to have to get copies of the previous divorce case and see an attorney as soon as possible.
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