[buffypuppy]

I just discovered that my old California divorce was not finalized. Although I am a widow I would like a nunc pro tunc to make my marriage to my deceased husband valid. Need it to be valid for many reasons.

[cdad]

I just discovered that my old california divorce was not finalized. Although I am a widow I would like a nunc pro tunc to make my marriage to my deceased husband valid. Need it to be valid for many reasons.

What are the conditions surrounding your request ? From the way it looks you didn't follow through and possibly overstepped a boundary or 2 in getting remarried before it was final. Why wasn't it finalized ?

[buffypuppy]

I do not know why 2 step in divorce process was my fault or lawyers.
Legal ethtics classes taught that many lawyers during that time threatened not to final final papers unless they received payment for it.
So, nun pro tunc was used to remedy this. I need to collect SSwidow benefits and needvalid marriage to do this. Of course, Social Security ADM may not catch this... it was 39 years ago. They are not asking me to prove that any past marriage was dissolved.

[JudyKayTee]

I do not know why 2 step in divorce process was my fault or lawyers.
Legal ethtics classes taught that many lawyers during that time threatened not to final final papers unless they recieved payment for it.
so, nun pro tunc was used to remedy this. I need to collect SSwidow benefits and needvalid marriage to do this. Of course, Social Security ADM may not catch this ...it was 39 years ago. they are not asking me to prove that any past marriage was disolved.

Not the least bit unusual, even today, for Attorneys not to close the matter by filing the paperwork until they are paid. Do you know if the Divorce was signed by a Judge and not filed or simply never submitted for signature (and, therefore, not filed).

The divorce becomes final when the papers are filed and I don't see the Courts doing that today - an argument can be made that it was YOUR choice not to finalize the divorce, or, for that matter, HIS choice not to finalize it.

You would certainly need an Attorney for the process if you decide to go ahead.

[cadillac59]

I do not know why 2 step in divorce process was my fault or lawyers.
Legal ethtics classes taught that many lawyers during that time threatened not to final final papers unless they recieved payment for it.
so, nun pro tunc was used to remedy this. I need to collect SSwidow benefits and needvalid marriage to do this. Of course, Social Security ADM may not catch this ...it was 39 years ago. they are not asking me to prove that any past marriage was disolved.

You have been awfully sketchy on the details but I'm assuming the following:

You were married to husband #1 and started a divorce in the 70's that never was finalized (i.e. never went to final judgment). You remarried husband #2 and now husband #2 is dead and you want to show marriage #2 was valid for survivor benefits, social security, whatever. Is that it?

Now the problem that I see is that the first divorce case is subject to mandatory dismissal because it wasn't brought to trial within 5 years. Now, that 5 year statute of limitations period is tolled for as long as temporary orders are in place for child and/or spousal support. But, any such orders surely would have run out by now, if they ever existed in the first place. That divorce case (from the 70's) is over and cannot be revived. Now, if husband #1 is still alive you could file all over again for dissolution, no problem (if he's dead it's too late of course) but you cannot get a nunc pro tunc on a new disso because nunc pro tunc judgments can only relate back to a date the court could have entered a divorce decree but didn't for some reason. There cannot be a nunc pro tunc to any date before a disso is filed so filing a new case won't help-- that is, you need a disso decree for marriage #1 to a date before your marriage to husband #2 (do you follow what I am saying?).

I'm sorry to say it but you are out of luck. There's no nunc pro tunc available. It's too late.