Legal Question in Family Law in California
Is this marriage legal?
My mother was granted a divorce in July of 1968 which would of been final in July of 1969. She married my father in April of 1969, 3 months short of the waiting period. Is their marriage legal? If not, isn't there a document that can be filed to make it legal retroactively?
1 Answer from Attorneys
Re: Is this marriage legal?
No, the marriage is not legal; it is void and bigamous.
The papers from the prior dissolution should be reviewed to ascertain whether under any construction
of the law, the final decree could have been entered prior to July of 1969. If so,
a judgment nunc pro tunc as of an earlier date when the final judgment could have
been entered, and before the remarriage, may be possible; this would make the marriage to
your father quite legal.
I certainly advise that your parents consult an attorney, both to check out whether the marriage
can be made legal retroactively, and to undertake some corrective actions in the event there is
no way to make the marriage legal.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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