Legal Question in Family Law in California
Is our marriage valid?
My husband & I have been married almost 25 years. When we were married in 1982, I thought my divorce to another man was final, not realizing that a final judgement was necessary. The final judgement was done 6 mo. after I got remarried, but my current husband & I never did anything about it. My first husband has died since. There would be no challenge to our marriage, but is it legal or do we have to get remarried? We got a confidential marriage license in California in 1982 & were married in San Diego. Thank you!
2 Answers from Attorneys
Re: Is our marriage valid?
It is voidable, but doubt a court would void under the circumstances.
Phillip C. Lemmons, Esq.
Re: Is our marriage valid?
Technically your current marriage is not valid so you should re-marry. The remainder of the marital issues may not change as you had a putative marriage (one you believed that was valid). It is possible that you could go back and modify the judgment on your previous marriage to have the judgment entered "nunc pro tunc", which would validate your current marriage. Talk to a family law attorney who has been practicing back when we had interlocutory decrees before the final decree. Hopefully, he has some good ideas. There are some judges that would enter the order ex-parte, without a noticed hearing. Good Luck, Pat McCrary
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