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I've been married 30 years and found out judge didn't sign divorce papers. do i have to re-marry my currant husband

Modesto, CA |
Filed under: Divorce

married 30 years but divorce may not be final

Attorney Answers 3


You may well have to re-marry your current husband after you get a final judgment in your divorce from your former husband. You should to to the Court (or Archives) to purchase copies of the Divorce Judgment and any associated papers, whether or not they were filed, and make an appointment with an experienced Family Law Attorney to endeavor to determine whether or not you can apply for a Nunc Pro Tunc signing and entry of the Divorce Judgment by a Judge retroactive to a date prior to your current marriage, and if not, what other options you might have. Hopefully, you can get the Judgment made retroactive to a date pior to your marriage to your current husband, to preserve your right to derivative Social Security benefits in connection with your current husband's Social Security account.

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.

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If the judgment of divorce was not signed, there is no reason to re-marry, because you are still married.

The real question here is what do you want to do?

If you want to be married, do nothing. You are.

If you want to be divorced, you need to find out why the judgment was not signed. Go down to the courthouse and take a look at your file. Figure out when your divorce filed; what was the reason that the judgment wasn't signed and if your case is too old, or can you can still get a judgment.

Once you get this information, the self-help center at the court should be able to answer your questions.

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1 comment

Carol Anne Jasinski

Carol Anne Jasinski


Oops, please forgive me, I misread your question. I didn't realize there were 2 husbands involved.


The marriage to your current husband may not be valid. You need to hire an experienced family law attorney to help you fix this. It will take some effort to find the pleadings from your divorce papers 30 years ago and you would be well advised to seek the help of experienced counsel. Good luck to you.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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