Is she or isn't she?

[jaberle]

What is the name of your state (only U.S. law)? CA
My Mother in Law went through a divorce in 1979. She thought she was divorced until her ex tried to file for MediCal benefits and he needed to have proof of the divorce. She went to the San Bernardino Court house and was told that the divorce wasn't final. The last paperwork from the court was the Interlocutory Judgment of Dissolution of marriage, not the final judgment.
She remarried 21 years ago. My question is since the first marriage wasn't final, does the second one count?

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
My Mother in Law went through a divorce in 1979. She thought she was divorced until her ex tried to file for MediCal benefits and he needed to have proof of the divorce. She went to the San Bernardino Court house and was told that the divorce wasn't final. The last paperwork from the court was the Interlocutory Judgment of Dissolution of marriage, not the final judgment.
She remarried 21 years ago. My question is since the first marriage wasn't final, does the second one count?

it probably falls under an easily correctable error. Since they had a judgement of dissolution, and since they acted on the basis of that, it would be hard to argue for voiding the marriage at this point.

HOWEVER, they are at the age where there are substantial risks to not correcting the error, so it's probably worth getting married again to ensure that the problem doesn't interfere with benefits OR the ability of either spouse to make decisions for the other.

But what is your interest in the matter?

 

[jaberle]

Thanks for the info. I was thinking along the same lines but wanted a professional opinion. As far as my interest in the matter...just two people a care a lot about. Thanks again for your help and advice.