There are times when there may be a legal basis to revert back to the date that an order could’ve been signed. Nunc Pro Tunc is a Latin term that simply means ‘now for then’. There are several reasons why the court may use the Nunc Pro Tunc rule:
- to correct a clerical error on the part of the court
- to correct an omission by the court
- to correct a neglect by the court
- to comply with a request to revert the order based on supporting documents by the person making the request (the moving party)
The essential aspect of this type of rule is that the intention of the court is followed even if there is some kind of error by the court.
In the case of a divorce, there can be a situation where the final paperwork is submitted and the court misplaces the documents. One or both parties may then remarry thinking that the divorce is finalized. If it is determined that the intent of the court was that the divorce should’ve been finalized prior to the remarriage of one or more of the parties then the ‘nunc pro tunc’ rule will apply and the remarriage will not be considered bigamous.
Sometimes, people try to use this rule when they have remarried and thought that they were divorced. Usually this does not work because the final paperwork was not submitted to the courts or the paperwork was incorrect and needed to be redone. In other words, the court was not at the point of making a ruling on the divorce. If the intent was not there, then the ‘nunc pro tunc’ rule may not apply.
It is very important that people receive a stamped judgment at the end of the divorce. This judgment should state very clearly the date that the divorce is finalized. If this stamped judgment is not received, place a call to the courts or go to the courts physically so that you understand what is needed to have the judgment stamped and the divorce finalized. This is a very important document! The stamped judgment is the document that proves that the divorce is finalized. It is also the document that states the terms of the divorce and serves as a reference when issues arise.
For more information on ‘nunc pro tunc’ and the completion of your divorce, call Legal Action Workshop @ 800-HELP-444 (800-435-7444) or visit our website www.LegalActionWorkshopLAW.com .
Case #15D005947
Hello, This is ahmed elanany US Army station in Germany and I would like to help me to answer this question please.
When I am officially divorce? is that the day when I received JUDGMENT – FAMILY CODE 2336 07/06/2016 ? or is a different day when the judge review my package .and if is not July 06.how long does it take to get my final divorce?.
This is the last update about my case.
Thank you and appreciate your help.
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Show All Documents Custody/Visitation Reports Income & Expense Declaration Judgments & Orders Minute Orders Petition & Response Proof of Service Restraining Orders OSCs & Motions Resp Pleadings Pleadings Print Roa
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Filing Date
Filing Party
Document
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JUDGMENT – FAMILY CODE 2336 07/06/2016 07/06/2016 No Document
STIPULATION & WAIVERS (NO FEE) 07/06/2016 07/06/2016 HARFUSH-RINZA, LORENA 2 pages
DECLARATION – SERVICE OF DECLARATION OF DISCLOSURE 07/06/2016 AMENDED 07/06/2016 ELANANY, AHMED 1 pages
WAIVER – FINAL DECLARATION OF DISCLOSURE 07/06/2016 07/06/2016 ELANANY, AHMED 1 pages
DECLARATION – DEFAULT OR UNCONTESTED JUDGMENT 07/06/2016 07/06/2016 HARFUSH-RINZA, LORENA 3 pages
JUDGMENT – DISSOLUTION 07/06/2016 07/06/2016 HARFUSH-RINZA, LORENA 9 pages
NOTICE – ENTRY OF JUDGMENT 07/06/2016 07/06/2016 HARFUSH-RINZA, LORENA 1 pages
RETURN SHEET – EXPEDITED JUDGMENT 06/24/2016 06/24/2016 3 pages
DECLARATION – SERVICE OF DECLARATION OF DISCLOSURE 04/13/2016 04/13/2016 ELANANY, AHMED 1 pages
You are divorced when you receive the stamped judgment that states that you are divorced as of a certain date. You need to keep the ‘notice of entry of judgment’ as well as the judgment. In the middle of the page you should see the words, ‘date marital or domestic partnership ends:____________…this date is the date of your divorce.
Hope this helps!