In Jun 2004 a divorce petition was made and Oct 2004 a judge "pronounced and rendered" a decision, but did not sign the decree. In Oct 2007 the case # shows up on the DWOP list. The original decree, which was not on file with the county clerk, was signed then filed Mar 2013 claiming a "clerical error". In actuality, the petitioner failed to file the decree with the clerk. Not an administrative error.
Is this decree valid?
Does the DWOP effectively invalidate the decree?
Does it matter when the judge signs it versus "renders" it?
How is it a "clerical error" for the petitioner to withhold the decree?
I don't think the decree is valid--just a personal opinion without doing the research. That being said, unless you decide to contest its apparent validity by filing a suit for declaratory judgment, it's quite likely the nunc pro tunc will stand. Why not spend a little money and pay for some detailed research?This question does NOT call for an "off the cuff" answer.
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.
Written by attorney Todd Cole
You've made one of the hardest decisions of your life --- to file for divorce. You are probably feeling sad, angry, and a little confused. What steps should you take? How should you... more