Nunc Pro Tunc question in Calif.

[Sway]

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

I will try to make this short an to the point.

15yrs ago we got a legal separation, an about 2-3yrs after that I had paralegal do the paperwork for the Divorce. Now it has been about 12yrs but after our last meeting (when I paid in full) I thought it was all done an he was to send it off for me an send me a copy.

A short time after our last meeting he past away an I got a letter an paperwork in the mail from his assistant. The letter stated that he had past an she was sending all the paperwork back to the last know addresses of his clients. At this point we both thought the Divorce was done. 2yrs ago I got married, an my ex got married last year.

Well turns out the Divorce never was filed! We were told in a case management confernce that since she has kids (from another guy) that I have to take an DNA test an so do her kids. We both said that the kids are NOT mine, but they still want the test.

Today I hard about this Nunc Pro Tunc, will this help us? With this do I still need to take a $300 DNA test even thought the kids are not mine?


I thank you in advance, my new wife has not stopped crying.

 

[LdiJ]

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

I will try to make this short an to the point.

15yrs ago we got a legal separation, an about 2-3yrs after that I had paralegal do the paperwork for the Divorce. Now it has been about 12yrs but after our last meeting (when I paid in full) I thought it was all done an he was to send it off for me an send me a copy.

A short time after our last meeting he past away an I got a letter an paperwork in the mail from his assistant. The letter stated that he had past an she was sending all the paperwork back to the last know addresses of his clients. At this point we both thought the Divorce was done. 2yrs ago I got married, an my ex got married last year.

Well turns out the Divorce never was filed! We were told in a case management confernce that since she has kids (from another guy) that I have to take an DNA test an so do her kids. We both said that the kids are NOT mine, but they still want the test.

Today I hard about this Nunc Pro Tunc, will this help us? With this do I still need to take a $300 DNA test even thought the kids are not mine?


I thank you in advance, my new wife has not stopped crying.

No, Nunc Pro Tunc will not help you because your divorce was never filed. You are still legally married to the woman that you consider to be your ex wife, and your current marriage isn't valid.

You and your ex have some major hoops to jump through to make everything legal. Disestablishing paternity of her subsequent children is only one of those steps. You will also have to divorce her and establish a legal marriage with the woman you consider to be your wife.

 

[mistoffolees]

No, Nunc Pro Tunc will not help you because your divorce was never filed. You are still legally married to the woman that you consider to be your ex wife, and your current marriage isn't valid.

You and your ex have some major hoops to jump through to make everything legal. Disestablishing paternity of her subsequent children is only one of those steps. You will also have to divorce her and establish a legal marriage with the woman you consider to be your wife.

May not be that difficult.

Certainly, will need to disestablish paternity - hopefully with the assistance of the actual father.

But OP doesn't need a divorce. She said "A short time after our last meeting he past away". This means that her husband had passed on, so a divorce is no longer needed. Of course inheritance issues still need to be settled.

So, all OP needs to do is remarry her current husband. OR, if their wedding date was after the date that her first husband passed away, the wedding is valid and she doesn't need to do anything.

 

[Tex78704]

...But OP doesn't need a divorce. She said "A short time after our last meeting he past away". This means that her husband had passed on, so a divorce is no longer needed. Of course inheritance issues still need to be settled...

It's a little confusing, but I think he means "his paralegal" passed away, and that his assistant forwarded his files to the last known adress of his clients. And this is how they discovered the problem.

 

[CJane]

It's a little confusing, but I think he means "his paralegal" passed away, and that his assistant forwarded his files to the last known adress of his clients. And this is how they discovered the problem.

Yes, I gathered that the attorney who was supposed to be handling the divorce passed away. Husband and Wife had assumed that prior to the death of the attorney that the divorce had been filed/finalized, and it was not.

 

[CourtClerk]

Wait a minute.... what do you mean the divorce was never filed. If you were legally separated, there is no NEED to file a new case for divorce.

So was there a JUDGMENT for legal separation?

 

[Sway]

Yes, I gathered that the attorney who was supposed to be handling the divorce passed away. Husband and Wife had assumed that prior to the death of the attorney that the divorce had been filed/finalized, and it was not.

Yes

Wait a minute.... what do you mean the divorce was never filed. If you were legally separated, there is no NEED to file a new case for divorce.

So was there a JUDGMENT for legal separation?

Yes

 

[LdiJ]

Wait a minute.... what do you mean the divorce was never filed. If you were legally separated, there is no NEED to file a new case for divorce.

So was there a JUDGMENT for legal separation?

But a legal separation doesn't turn into a divorce unless paperwork for a divorce is filed...even if its not a new case.

 

[TinkerBelleLuvr]

When I filed for a legal separation, I know that I was told that if I choose to divorce, then I had to file for divorce. If they legally separated to GET a divorce, it is a horse of a different color.

 

[Sway]

So this wont help then, is it worth trying to file an talk to a Judge?

 

[mistoffolees]

So this wont help then, is it worth trying to file an talk to a Judge?

No. You're going to have to divorce your first wife and then remarry the second. There will be other issues to settle - including property issues.

A judge is not going to accept "we forgot to file" as an excuse. You can't even blame it on the paralegal - it's up to YOU to ensure that the paperwork is filed and you're officially divorced before you remarry.