nunc pro tunc

What is the name of your state?California

Judge pro tem has said that I could do a nunc pro tunc to back date a prior divorce to make my current marriage legal.

How do I do this?

Is a lawyer reguired to do the nunc pro tunc or is the paper work and filing easy enough it could be accomplished by myself?

Must I file in the county the divorce was in?

Thank you

[I AM ALWAYS LIABLE]

Originally Posted by Better4ItAll

What is the name of your state?California

Judge pro tem has said that I could do a nunc pro tunc to back date a prior divorce to make my current marriage legal.

How do I do this?

Is a lawyer reguired to do the nunc pro tunc or is the paper work and filing easy enough it could be accomplished by myself?

Must I file in the county the divorce was in?

Thank you

My response:

File your Petition for Dissolution of the prior marriage, specifically asking for a Nunc Pro Tunc order, and your reasons therefor.

Entry of a judgment "nunc pro tunc" (literally, "now for then") makes the judgment final as of the date it would have become final had it been entered when it could have been entered. The nunc pro tunc power is a remedy to avoid injustice that would result to a party whose rights are threatened by a delay (in entering the judgment) that is not his or her fault. [Marriage of Mallory (1997) 55 Cal.App.4th 1165, 1179, 64 Cal.Rptr.2d 667, 676; Marriage of Tamraz (1994) 24 Cal.App.4th 1740, 1748, 30 Cal.Rptr.2d 233, 237]

The court's nunc pro tunc power is both statutory and inherent. [Marriage of Mallory, supra, 55 Cal.App.4th at 1176-1177, 64 Cal.Rptr.2d at 674]

Statutory power as to marital status:
The Family Code expressly empowers the court to enter nunc pro tunc (i.e., backdate) a marriage dissolution judgment. [Ca Fam § 2346]

Most often, the court invokes the nunc pro tunc power with regard to termination of marital status to remedy the problem of inadvertent bigamous marriages that occur because of mistakes or oversights in signing, filing or entering the judgment as of the earliest date it could and should have been entered. However, the § 2346 remedy is not limited to those instances where a second marriage has taken place after the date the judgment could have been entered. Again, the statute applies to every situation where a party would suffer injustice because of delay in entering the judgment through no fault of his or her own. [Marriage of Mallory, supra, 55 Cal.App.4th at 1179, 64 Cal.Rptr.2d at 676]

IAAL