Asked in Divorce for California

Q: Me and my husband married in 2007, in good faith. I find out my prior marriage was final in 2009! What to do?

We want stay married, we love each other and have a little boy. I was in good faith and truly believe my prior marriage was over. My ex husband was violent and very abusive...he left me and I lear he did remarry another woman, but never know where he was and how to get in touch with him for many years. I remarry in 2007 but the divorce was final only in 2009. My marriage with my love is void, what to do now?

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1 Lawyer Answer
Diana L. Martinez
Diana L. Martinez
  • Chino, CA
  • Licensed in California

A: You may want to talk to an attorney who can review your 2009 judgment. If the orders were made "nunc pro tune", the actual date of divorce may have been identified as an earlier date. If not, your current marriage is void and it's time to do those vows anew - great way to celebrate your 5th year anniversary! No one has to know why; just call it a vow renewal, and this time your son can be a part of it.

Unfortunately, this happens more often than one would expect. I know it's probably not the answer you wanted, but there really is no secret "do-over" button here.

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