US Legal Forms
Legal Resources
Questions & Answers
Divorce
Can I backdate my divorce in New York before my current marriage?

Can I backdate my divorce in New York before my current marriage?

Full question:

I recently got married, but found my divorce to my first wife was still not honored. Can i finish this divorce in New York and have it back dated before my current marriage?

Category: Divorce
Date: 04/07/2025
State: Georgia

Answer:

Nunc pro tunc is a Latin term meaning "now for then." It allows a court to retroactively change the date of an order, judgment, or document filing. To obtain a nunc pro tunc order, you must request permission from the court and demonstrate that the earlier date would have been valid, and that the delay was due to an error, accidental omission, or neglect. This process is intended to serve justice, not to create injustice.

A nunc pro tunc order can often be granted without the other party being present (ex parte). For example, if a court clerk fails to file an answer that was received, a nunc pro tunc order may be needed to establish the correct filing date.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How many years do you have to be married to get alimony in NY?

In New York, there is no specific minimum duration of marriage required to qualify for alimony, also known as spousal support. However, the length of the marriage can influence the amount and duration of support awarded. Courts consider various factors, including the financial needs of the requesting spouse and the ability of the paying spouse to provide support. Generally, longer marriages may lead to more substantial support awards.

How long do you have to be married to get half of everything in NY?

In New York, marital property is divided equitably, not necessarily equally. There is no set duration of marriage required to claim half of the marital assets. All property acquired during the marriage is typically considered marital property, subject to division during divorce. The court will assess various factors to determine a fair distribution.

What is a spouse entitled to in a divorce in New York?

In a New York divorce, a spouse is entitled to an equitable distribution of marital property, which includes assets and debts acquired during the marriage. This may involve dividing real estate, bank accounts, retirement accounts, and more. Additionally, a spouse may be entitled to alimony based on financial need and other considerations. Each case is unique, and the outcome depends on various factors.

How to treat an ex-wife after divorce?

After a divorce, it's important to treat your ex-wife with respect and civility, especially if children are involved. Maintain open communication regarding co-parenting and financial obligations. Avoid conflict and focus on moving forward positively. Establishing a cordial relationship can benefit both parties and any children from the marriage.