Legal Question in Family Law in California
Nunc Pro Tunc's limitations on Summary Marriage Dissolution?
I saw it as an option on my Request for Judgement for a Summary Dissolution of Marriage.
My issue was the paperwork was signed in March of 2009, a "hiccup" with the lawyer and it wasn't filed until July of 2009. From what I have been reading I have to wait 6 months after the date it was file, but if that is true then why is there the option of Nunc Pro Tunc and an effective date.
1 Answer from Attorneys
It is for use when the judgement could have and should have been entered earlier. The most common use I've seen is when submitting a stipulated judgment late in the year that the court might not get to until after the first of the following year, making the parties still legally married at the end of the year. That would have unintended tax consequences, among other things. So rather than have the courts have to rush to process all the end of year filings before the end of the year, the court can enter the judgment nunc pro tunc.
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