Legal Question in Family Law in Louisiana
When is a divorce final
Is a divorce final when it is rendered in court or when the judge signs it? And is it a legal marriage if you remarry between the time a divorce jugdment is rendered and when it is signed?
2 Answers from Attorneys
Re: When is a divorce final
Dear LawGuru Friend,
I see where another lawyer has already answered your question, and I have not read his answer. I know he is a good lawyer, so I can't argue with him, no matter what he has answered; but my opinion is that if the Judge has rendered judgment in open court and does not sign the formal written judgment until after the re-marriage has taken place, that that re-marriage is still valid and the new marriage is not a bigamous one. Now that is just my legal opinon without having time to research the law in detail to make absolutely sure I am right. Now remember, you stated that a judgment was rendered by the judge, just not signed. I think that once the judgment is signed, it dates retroactive (NUNC PRO TUNC - now for then) to the date it was rendered. It's the NUNC PRO TUNC rule. Good luck!
Sincerely,
Hardy Parkeron, Atty.
Lake Charles, LA
Re: When is a divorce final
The divorce is not final until signed. The new marriage is a relative nullity.
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