T
tootsyfrootsy
Guest
...pro tunc? A little history. My first husband & I went to court on our divorce. We both agreed on things & the judge granted our divorce. I remarried 2 years later. About a year after our divorce, I discovered that my 1st husband had refused to sign the final papers that would have finalized our divorce. I had no idea because the attorney never notified me that husband one changed his mind & wanted more custody & to pay less child support. At the time I discovered this I spoke to my attorney who said he could file a nunc pro tunc & get my divorce dated back to the original court date.
Well as it turns out my 1st husband didn't ever sign & return the paperwork back to the attorney so the nunc pro tunc wasn't filed.
3 years later my 1st husband gets re-married. At the time I asked my daughter to ask him if he'd ever finalized our divorce. He told her he took care of it. 2 years I separated from husband 2. I asked the attorney if the nunc pro tunc was ever filed & he told me that the 1st husband had not signed & returned the paperwork to complete it. He filed it & a nunc pro tunc was granted.
My second husband got a lawyer & with the help of my first husband had the npt judgement overturned, so he could nullify the second marriage. I found this out when his new wife was angry with me & said something about my second divorce that could only have come from husband #2.
So husband number 1 asks me to sign papers to get a nunc pro tunc judgement after my second date of marriage, but before his second marriage to preserve his marriage. They need my agreement to file this with the judge.
My answer is he!! no. The first husband didn't speak up & say that he was the cause of our divorce ot being finalized. The first husband gave the second husband a letter to my attorney stating that he wanted to pay less child support dated about 6 months after we went to court. I know husband 1 gave this to husband 2 because I never saw this letter. Which proves my point that husband 1 changed his mind about what we agreed on.
So after that this is my question. If someone refuses to sign paperwork in a divorce. Can they go into court and ask for a nunc pro tunc order to go back to a date they choose? To me it seems that since I truly didn't know about husband 1 not completing our divorce is grounds for me to ask for a nunc pro tunc back to our original date. But since he changed his mind he can only request a divorce right now & not back to a date he chooses.
Husband 2 decided he wanted to screw me in my current divorce but he wants to preserve his original date of his second marriage.
Well as it turns out my 1st husband didn't ever sign & return the paperwork back to the attorney so the nunc pro tunc wasn't filed.
3 years later my 1st husband gets re-married. At the time I asked my daughter to ask him if he'd ever finalized our divorce. He told her he took care of it. 2 years I separated from husband 2. I asked the attorney if the nunc pro tunc was ever filed & he told me that the 1st husband had not signed & returned the paperwork to complete it. He filed it & a nunc pro tunc was granted.
My second husband got a lawyer & with the help of my first husband had the npt judgement overturned, so he could nullify the second marriage. I found this out when his new wife was angry with me & said something about my second divorce that could only have come from husband #2.
So husband number 1 asks me to sign papers to get a nunc pro tunc judgement after my second date of marriage, but before his second marriage to preserve his marriage. They need my agreement to file this with the judge.
My answer is he!! no. The first husband didn't speak up & say that he was the cause of our divorce ot being finalized. The first husband gave the second husband a letter to my attorney stating that he wanted to pay less child support dated about 6 months after we went to court. I know husband 1 gave this to husband 2 because I never saw this letter. Which proves my point that husband 1 changed his mind about what we agreed on.
So after that this is my question. If someone refuses to sign paperwork in a divorce. Can they go into court and ask for a nunc pro tunc order to go back to a date they choose? To me it seems that since I truly didn't know about husband 1 not completing our divorce is grounds for me to ask for a nunc pro tunc back to our original date. But since he changed his mind he can only request a divorce right now & not back to a date he chooses.
Husband 2 decided he wanted to screw me in my current divorce but he wants to preserve his original date of his second marriage.