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 .