Lost My Copy of Final Judgement, and County Destroyed the Records

[kevin_b]

What is the name of your state? California

Recently house-moved and realized that some papers were lost or destroyed. One was my judgement of divorce, from back in the 1990's -- I called the county (marin) and they said that the case was *dismissed* and the records -- three volumes -- were destroyed ("I've never seen anything like it!" said the clerk himself, today), way back in 2002. So they have no record of my years-long and contentious divorce.

At the time they destroyed the records, the custody case had been transferred to another county (santa clara), and there are lots of records there. I'm awaiting copies.

I have no faith in the cooperation of my litigious ex-spouse, even though both of us have lived separately since 1996. Is there a method to ask the court for a simple summary judgement? No one had thought we were married for many many years (if fact she was engaged to someone else a couple of years ago), but the State of California, since "we might have made a mistake" (in the words of the clerk on the phone), may think so. I don't want her coming along to snatch the kids' inheritances (am I one of those rare dads who got full custody? yes), if I pass away.

My original attorney retired, phone disconnected, he may even have passed away by now. Any suggestions? Thanks!

 

[HighwayMan]

Have a will drawn up. Then no one can snatch anything.

I don't know how the custody issue is relevant today - your children must be in their 20's, at least.

 

[xylene]

I think you are energizing problems.

Get a will drafted for your children.

You can't control people after death anyway.

 

[kevin_b]

I hoped a will should override, but what if at some future date I want to get married again? Not expecting it, but wonder if there is a procedure.

Thanks to all who've replied....

 

[Zigner]

I hoped a will should override, but what if at some future date I want to get married again? Not expecting it, but wonder if there is a procedure.

Thanks to all who've replied....

Yes, the procedure is to update your will as your life-circumstances change. You may also wish to consider a trust, as mentioned above.

 

[commentator]

I've been married three times in my long life. My first ex had been previously married, my current husband had two down, as I did, when we married. NONE of us was ever required to show proof we were divorced, though I was once, if I remember correctly, asked for the date that I became divorced, and was once asked "What number of marriage is this for you?" I could not have, if it had been required, ever presented a copy of my first divorce decree, as I don't think I ever got one, and didn't have the second one anywhere near where the marriage and marriage license process took place. But in my experience, they don't ask for paper documentation. It's not like something you'd have to have on the spot. I don't know about California specifically, my situations were all in other states, but the Social Security administration seemed perfectly current on all the marriages when I was filing for my SS retirement benefits, and they'll have the records and will offer your ex the option of drawing off your social security benefits when she signs up if you were legally married more than ten years. Nothing you can do about that, and it affects you not at all at this point. As to her coming around trying to claim part of your estate because you don't have the paper divorce copy, (hint, don't let her know you don't have a copy of the papers!) that'd be a stretch and a half! Make a will.

 

[xylene]

but what if at some future date I want to get married again?

Take a vacation to Reno, NV.

 

[HRZ]

THere imay be a problem in there to sort out ...merely as a layman ...dig deeper for reliable answers in your fact pattern .

IF there was no final order for divorce and IF there was no formal separation then it remains quite possible that your ( prior ) spouse has standing to claim against your estate. W or W/O a will ...and if you pass with a decent size pot, especially real estate , it can get troublesome

 

[LdiJ]

Have a will drawn up. Then no one can snatch anything.

I don't know how the custody issue is relevant today - your children must be in their 20's, at least.

I believe he is saying that he is still technically married to his ex because his case was dismissed. CA is a community property state and even if it wasn't, a spouse can take the equivalent of the intestate spousal share of an estate even in non-community property states.

Therefore, he want to know if there is some way to make a divorce happen ASAP. OP, I think that you need to be talking to a divorce attorney ASAP. If you can afford it, maybe throwing a little cash her way might make her cooperate?

 

[adjusterjack]

the custody case had been transferred to another county (santa clara), and there are lots of records there. I'm awaiting copies.

Then why are you wasting time and energy agonizing over this before you get those papers? For all anybody knows a copy of your decree (at least) was forwarded to the new court location, or at least recognized by reference.

 

[HighwayMan]

I believe he is saying that he is still technically married to his ex because his case was dismissed.

I think he's confused.

He said a judgement of divorce was issued but he lost his copy. Then he stated that when he went to get another copy from the court that the court told him the case was dismissed. But he also said the court clerk said that the case file was missing. So how the clerk had ANY information about the case disposition - who knows.

Maybe the OP can explain all of this. Or maybe he needs to pay a visit to the court again to find out for sure what they have and what they don't.

 

[kevin_b]

I think he's confused.

He said a judgement of divorce was issued but he lost his copy. Then he stated that when he went to get another copy from the court that the court told him the case was dismissed. But he also said the court clerk said that the case file was missing. So how the clerk had ANY information about the case disposition - who knows.

Maybe the OP can explain all of this. Or maybe he needs to pay a visit to the court again to find out for sure what they have and what they don't.

It is pretty much what I said, thanks. I called the Marin clerk for an appointment, gave them the case #. They called me back to say that the case had been dismissed in 2002, and subsequently the records destroyed. It was (and is, on their website) listed as "dissolution, no children." I pointed out to the clerk that there certainly are children, no significant property (renters), so how could there have been THREE VOLUMES of court documents over a six year period? There had been special masters and lengthy psychological evaluations (my ex initiated her challenge against me while in jail for assault against myself and kids), it's not as if my attorney or I forgot to get divorced. That's when he said "I've never seen anything like it" and later "maybe we made a mistake."

The case then continued for several years after 2002 in Santa Clara County, so hopefully that clerk has enough paperwork to either let someone in one of the counties issue some sort of paperwork certifying my divorced status. I filed a request. As someone here mentioned, I certainly won't mention anything to my ex until that status is known.

Who knows, she might have a copy, and be happy to share a xerox. And if she denies the divorce occurred, I guess I would remind her to consider what might happen if the papers eventually resurface after she's told the court a different story.

What I'm uncertain of is: what sort of document, or special judgement, might I ask for? Certainly court documents are occasionally misfiled or lost in a fire etc. I see it as a clerical issue, what does one do and/or ask as a recourse?

I don't need an instant result, but would like to know my options should the need ever arise.

Thanks again!

 

[HighwayMan]

You are really worrying about nothing. If you have a will that's all that is necessary to make sure your children get what's coming to them.

 

[kevin_b]

Thanks, I do understand that & am drawing it up.

What if I decide to remarry, and the local county wants a copy of the divorce judgement? That's what I'm asking now. I think it's a bit of a general question relating to lost records in general. Would I need to go and ask for a new summary judgement, or...? Even if my ex has a copy and can share, it would not be a certified copy, and none can now be made.

 

[xylene]

Why would your county need anything?

If your county or the issuing authority where you intend to get your marriage license is a stickler about paperwork on the dissolution of your last marriage, honestly you are just going to have to get your marriage license in another jurisdiction, possibly another state. I mentioned one which is very easy. They are open until Midnite daily for issuance of immediate (no wait) marriage licenses. It is in an adjecent state and a popular honeymoon and vacation destination...

Consider that is wildly less costly than trying to recreate paperwork you yourself lost. You really don't need to go around kicking yourself over this.