Legal Question in Family Law in California
Is it possible to be married to someone who's divorce is not finalized?
5 years ago I married a woman and 5 weeks later she got her divorce decree in the mail dated that her marrage was finalized 4 weeks after we got married. Her marrage took place in Nevada and ours in California. We stayed together for about a year after that then we parted. Now I have met another woman and I wish to marry her in july 2002, If I do so will our marrage be legal? If it isnt legal what do I need to do to make it legal? thanks-
2 Answers from Attorneys
Re: Is it possible to be married to someone who's divorce is not finalized?
you were not legally married and are still single.
Re: Is it possible to be married to someone who's divorce is not finalized?
Your marriage is probably not valid. Except if your (putative) wife or her ex-husband would go back to court and ask the court to amend the judgment to enter the judgment nunc pro tunc, (back dated) which is possible in California that would then validate your marriage and your new marriage would be invalid. The safest route is to ask the court to declare your marriage a nulity, which will leave no doubt about your new marriage. It would be safe insurance policy, but otherwise your new marriage will probably be valid. Good Luck, Pat McCrary
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