Maples v. Maples: A couple remarries after filing for divorce—only to file for divorce again. The court uses nunc pro tunc order to put things right.
The trial court was authorized to use nunc pro tunc order to backdate entry of divorce decree, after husband and wife, who had remarried and filed subsequent action for divorce, learned that final decree of divorce was not filed in previous action until more than two years after they remarried; court used nunc pro tunc order to cause written judgment of divorce to relate back to date of original hearing and ruling, which was appropriate use of nunc pro tunc order.
Reprint with permission.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
As divorcing spouses recognize the suffering and sadness, worry and anxiety in each other due to the COVID-19 pandemic, we can begin to talk openly about fair and good resolutions of divorce cases. The combination of shared anxiety and astoundingly long wait times from Courts could allow COVID-19 to lead to more divorce settlements with less family suffering.