Was the divorce final?

[Matayoshi]

What is the name of your state (only U.S. law)? California

Here is the situation:

The husband filed for dissolution of marriage. The wife complied and they went through proceedings. Towards the middle of the year they were separated they began to reconcile and decided to get back together and continue their marriage. A judgement was given on their case but the papers were never filed and they continued as a married couple. Currently the husband has past away without a will and now the wife is filing to be the executor of his estate. His children (from a first marriage, all over 18) opposing that the wife be the adminstrator. The leg they are standing upon is that the husband and wife were divorced already.

Now my question:
Because the judgement was passed in the dissolution does that mean the marriage was no longer valid even though the papers were not filed and finalized?

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

Here is the situation:

The husband filed for dissolution of marriage. The wife complied and they went through proceedings. Towards the middle of the year they were separated they began to reconcile and decided to get back together and continue their marriage. A judgement was given on their case but the papers were never filed and they continued as a married couple. Currently the husband has past away without a will and now the wife is filing to be the executor of his estate. His children (from a first marriage, all over 18) opposing that the wife be the adminstrator. The leg they are standing upon is that the husband and wife were divorced already.

Now my question:
Because the judgement was passed in the dissolution does that mean the marriage was no longer valid even though the papers were not filed and finalized?

What papers were never filed? Is there a decree of divorce anywhere?

 

[Matayoshi]

What papers were never filed? Is there a decree of divorce anywhere?

The judgement for the divorce was given, but never filed. The couple went through all the steps for the dissolution (the paper given, but never filed is called "declaration regarding service of disclosure, the final copy).

 

[CourtClerk]

The judgement for the divorce was given, but never filed. The couple went through all the steps for the dissolution (the paper given, but never filed is called "declaration regarding service of disclosure, the final copy).

The FDD (Final Declaration of Disclosure) pertains to marital property it has nothing to do with the divorce judgment...