Legal Question in Family Law in California

Marriage

My husband found out that his ex wife never did the final filing of their divorce. Both of them remarried. He has now filed for a divorce from her. Do we need to file for an annulment? Or can we just remarry when the divorce is done? Can this be used against him in a joint custody battle of a child?


Asked on 1/04/07, 2:07 pm

2 Answers from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: Marriage

Just remarry when the divorce is done. There is no reason to have your marriage declared a nullity, it is either valid or it is not and apprently it is not. I suggest you plan another honeymoon and make an enjoyable time of it. Good Luck and Happy Marriage. Pat McCrary

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Answered on 1/04/07, 5:27 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Marriage

Your husband needs to ask the court to enter the judgment of divorce "nunc pro tunc" meaning the divorce date will legally precede the remarriage.

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Answered on 1/04/07, 7:05 pm


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