Legal Question in Family Law in California

in march 2006 the judge granted me a dissolution of marrige i got married in nevada july 2006. am i legally married or did i have to wait six months to re marry


Asked on 10/26/11, 6:10 pm

4 Answers from Attorneys

Scott Jordan Jordan Law Office

If you obtained a valid marriage license in Nevada prior to the marriage, you should be married, barring any other facts.

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Answered on 10/26/11, 7:16 pm

You need to ask a Nevada lawyer who has seen or is informed of the contents of your judgment of dissolution of marriage. In California, the date the judge "grants" the divorce is rarely the date it is effective. It is most often the date the Judge signs the actual paperwork, which is usually at least several days after the hearing. Sometimes it is a more distant future date for legal reasons (such as the six-months waiting period has not run yet), or on the parties' request. Occasionally it is granted "nuc pro tunc" meaning it is actually retroactive to a date before the hearing. So a lawyer would have to look at the judgment and determine from it the exact effective date. Otherwise there is no way to tell if the divorce that was "granted" in March was actually final and effective in June.

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Answered on 10/26/11, 10:38 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. McCormick. You need to get a copy of the divorce judgment and have an attorney look at it and tell you when it was effective.

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Answered on 10/27/11, 8:38 am
Michael Schneider Family Law Center

It is not necessarily the date the judge signs the judgment. On the form which we use in the courts, on line 4 (a)(1) it states a date that the divorce is effective. I would look to that date on the Judgment as to the effective date. Often time the judge will sign the form a few days later than when it was actually granted. So, just look to the date on the "Judgement". If you have any questions, then consult with an attorney. But, presuming that the effective date was prior to your marriage date in Nevada, then yes, you are legally married with the Nevada marriage. Good luck!

www.FamilyLawCalifornia.com

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Answered on 10/27/11, 10:29 am


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