Legal Question in Family Law in California
Type your question here..My parents went through a divorce in 1981, in ventura, ca. Just found out that they are not legally divorced. All i know is that there was a Interlockatory(spelling?) filed in july 1981 along with a Notice of Entry of Judgement. What we need to know is how do we get it finalized? Can they do it without hiring a lawyer?
2 Answers from Attorneys
You need a form FL-970. You can find that at http://www.courtinfo.ca.gov/forms/fillable/fl970.pdf. Under section 4b you can ask for the judgment to be entered nunc pro tunc (back dated) to the date that the interlocutory decree was entered or six months after the date in item no. 1, whichever is later. That way is will legally be just as if their marriage had been dissolved (divorced) the effective date of the nunc pro tunc judgment. That will then validate any marriage that they have entered into after that date. The date of jurisdiction will be the date that your parent who is the respondent was served with papers or appeared in the action. That date is on the interlocutory judgment or you can ask the clerk at the court for the date. The law on this changed in 1984 to eliminate interlocutory judgments, many attorneys (and possibly some judges and clerks) are not familiar with the form and procedure. Thank you for bringing back old memories and I wish you the best of luck, Pat McCrary