Asked in Family Law for California

Q: I just found out the summery of dusalusinent of my marriage to my first husband didn't go through its status is pending

It was filed 22 years ago and I have since been married again. How does that effect my marriage now?

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1 Lawyer Answer
Rivka Israel
Rivka Israel
  • San Diego, CA
  • Licensed in California

A: This is a complicated situation and a somewhat complicated procedure. It certainly falls into the category of a good time to consult with a lawyer.

In a nutshell: If the Judgment of Dissolution was submitted but not processed you can go before the court and ask for it to be entered Nunc Pro Tunc - retroactively. If, however, it was not submitted to the court then you are still married and the dissolution will not be able to be made retroactive. Grounds for entry of a Judgment Nunc Pro Tunc include that the Judgment was not entered but could have been.

If you are still married to your prior spouse then your current marriage is not valid and can be annulled. You could, however, still be considered a putative spouse. Putative spouses may get similar rights as those awarded to spouses.

If your second husband has passed away that can make things complicated as well. I would recommend that you consult with an attorney who is familiar with this issue and provide the lawyer with more detailed information.

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