Legal Question in Family Law in California

I was married 15 years ago but have been separated for 3 years. It has just come to my attention that a divorce decree was never entered for my husband's first marriage i.e. he filed a petition for dissolution in 1989 but that's all his file consists of, there are no other actions and no entry judgment. I thought that there might have been no entry since the case was so old but I looked at other cases from that year and all of them have the court actions and/or judgments listed He now claims he can file for the divorce nunc pro tunc and that the divorce will be legal as of 1989. Can this be done so far back especially since it appears it was not court oversight? There is a concern regarding my house, which he signed a quit claim against when it was first purchased it but now he is trying to claim that he is entitled to the equity.


Asked on 3/03/11, 6:05 pm

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

If all he filed was the petition - then he won't be able to get nunc pro tunc divorce. He will have to refile for the divorce. Nevertheless, your rights in your current "marriage" maybe exactly the same as if he was not already married, as at least a putative spouse. On the other hand your interests may be better served by taking the position that there was no marriage and no rights to community property, spousal support, etc. As well as the question of the validity of marriage the house issue also depends on: who made the down payment, when it was made, where did the money come from for the monthly mortgage payments, was the house refinanced. This is a complex case and not a good candidate for "do it yourself" divorce. Please go to to my website for more Divorce and Family Law information. www.thebeachlaw.com

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Answered on 3/07/11, 4:21 am


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