What is my real date of divorce?

[antoinette0627]

The final judgment of dissolution that I just received from the mail states:

The Report and REcommendation of the General Magistrate date January 15, 2009, is ratified,approved, confirmed, and incorporated by reference into this Final Judgment. (This is when I had the final hearing before the general magistrate)

And then at the end of the letter: It says DONE AND ORDERED at (place of divorce) on this 4th day of February, 2009. Is my final divorce granted on jan. 15 or feb. 4?

 

[Ohiogal]

February fourth or the time stamp date if they are different.

 

[justalayman]

just curious but why is a couple weeks so critical?

 

[Ohiogal]

just curious but why is a couple weeks so critical?

He got married on January 25th.

 

[justalayman]

He got married on January 25th.

He ?

antoinette0627

and I know I am getting old, where did you get that date, or are you using your well honed legal powers to deduce this is most likely the reason?

I'm really feeling in the dark right about now.

 

[LdiJ]

February fourth or the time stamp date if they are different.

I perhaps disagree...

If the magistrate had the power to issue a final dissolution of marriage and one of the parties disagreed and appealed, and the sitting judge agreed with the magistrate, it would seem to me that the final dissolution date would be January 15th.

 

[justalayman]

I perhaps disagree...

If the magistrate had the power to issue a final dissolution of marriage and one of the parties disagreed and appealed, and the sitting judge agreed with the magistrate, it would seem to me that the final dissolution date would be January 15th.

The Report and REcommendation of the General Magistrate date January 15, 2009, is ratified,approved, confirmed, and incorporated by reference into this Final Judgment.

The magistrate simply provided a report and recommendation. It even states that that report and recommendation are included in the final judgment. It does not state that is all that is included in the final judgment. Who knows what else is or may be included in a decree not included in the magistrates input?

therefore, it would be reasonable to conclude that the divorce is not final until the judge finalizes it.

isn't presuming the magistrate has the power to grant a divorce a big leap?

 

[LdiJ]

The magistrate simply provided a report and recommendation. It even states that that report and recommendation are included in the final judgment. It does not state that is all that is included in the final judgment. Who knows what else is or may be included in a decree not included in the magistrates input?

therefore, it would be reasonable to conclude that the divorce is not final until the judge finalizes it.

isn't presuming the magistrate has the power to grant a divorce a big leap?

No..its not necessarily a "big leap".

Which is why I said "perhaps" and "if".

 

[Ohiogal]

[/B]

No..its not necessarily a "big leap".

Which is why I said "perhaps" and "if".

The way it is worded tells me that the magistrate did NOT have the power to grant a final divorce hence the judge granted it based on the magistrate's recommendations and report. The final date of divorce is February 4.

And Justa,

and I know I am getting old, where did you get that date, or are you using your well honed legal powers to deduce this is most likely the reason?

I'm really feeling in the dark right about now.

I am guessing. One of the very few reasons that date could matter is if the OP got married in between based on what he/she thought the divorce date was. The HE was a guess, albeit improper based on the user name. You shouldn't be in the dark -- just know that I am taking a shot in the dark as to the reason why it matters and is so critical. Either that or OP is newly pregnant.

 

[justalayman]

And Justa,


I am guessing. One of the very few reasons that date could matter is if the OP got married in between based on what he/she thought the divorce date was. The HE was a guess, albeit improper based on the user name. You shouldn't be in the dark -- just know that I am taking a shot in the dark as to the reason why it matters and is so critical. Either that or OP is newly pregnant.

gotcha.

to LdiJ; didn't mean to be argumentative on this. I did see the If and perhaps.?

 

[antoinette0627]

Thank you

And I'm not a he. I'm just a little confused with the judgment because when I called the court secretary who was taking carer of my case, she said that the divorce date itself is Jan. 15. I am still a little confused but I will just use the Feb 4th. I am planning to get married and i just want to have the right date when I apply for the marriage license.

Thanks again.

 

[Ohiogal]

And I'm not a he. I'm just a little confused with the judgment because when I called the court secretary who was taking carer of my case, she said that the divorce date itself is Jan. 15. I am still a little confused but I will just use the Feb 4th. I am planning to get married and i just want to have the right date when I apply for the marriage license.

Thanks again.

Take your divorce papers with you to get the marriage license. Your divorce was NOT FINAL until February 4th.