Ex-Military Spouse 12 yrs.

[holmes1104]

I am currently in NC my divorce was completed in Hinesville, GA. My ex-husband lied and stated back in 2005 that he didn't know where I was and gave a incompleted address for me to served any legal papers. I didn't know I was divorced until I went to renew my military ID. We were married at that time for 12 yrs. I am wondering being that I did not have my day in court to bring up the following issues and have them ordered or is it too late to do so...I would like to receive my spousal support since he's still in the miltary and getting ready to retire(10/10), we have an autistic non-verbal son who's care was not mentioned (there's currently a child support order though) and to basically make sure that everything needed in the decree be placed and active.

 

[LdiJ]

I am currently in NC my divorce was completed in Hinesville, GA. My ex-husband lied and stated back in 2005 that he didn't know where I was and gave a incompleted address for me to served any legal papers. I didn't know I was divorced until I went to renew my military ID. We were married at that time for 12 yrs. I am wondering being that I did not have my day in court to bring up the following issues and have them ordered or is it too late to do so...I would like to receive my spousal support since he's still in the miltary and getting ready to retire(10/10), we have an autistic non-verbal son who's care was not mentioned (there's currently a child support order though) and to basically make sure that everything needed in the decree be placed and active.

You could discuss the situation with a CA attorney, if you only recently found out about it. However, its possible that too much time has passed.

 

[SHORTY LONG]

I concur with LdiJ. You need to asap discuss this highly unusualness with a very skilled Divorce Attorney.
It may be possible (no guarantees) that you may obtain one form of satisfaction under Nunc pro tunc.

Nunc pro tunc literally means "now for then."

Occasionally, a court or party to a divorce forgets to file the papers necessary to obtain the final decree
(after the interlocutory judgment has been granted), and the result is that the divorce never becomes final.
If the oversight presents a problem (for example, one party has already remarried, or there is a tax advantage
to being divorced earlier), the court may agree to issue a nunc pro tunc order, which grants the final divorce
retroactive to the earlier date.

This phrase is used to express that a thing is done at one time which ought to have been performed at another.
Leave of court must be obtained to do things nunc pro tunc, and this is granted to answer the purposes of justice,
but never to do injustice. A judgment nunc pro tunc can be entered only when the delay has arisen from the act of the court.