Pleading - California Courts



DECLARATION OF ____________________

IN SUPPORT OF MOTION FOR ENTRY OF

JUDGMENT OF DISSOLUTION NUNC PRO TUNC

I, _______________, declare under penalty of perjury as follows;

1. I am the Petitioner in the above-entitled action for marriage dissolution. The Respondent, _______________, has appeared and has filed a Response.

2. A trial was held in Department _______ of the above-entitled court before the Honorable _______________ Judge presiding on __________, _______, and the Respondent did not appear. The Court proceeded to take testimony, both oral and written. At the conclusion of the trial, the Court orally announced its decision, finding, among other facts, the existence of irreconcilable differences between Petitioner and Respondent and ordered a Judgment of Dissolution.

3. A form of judgment conforming to the oral pronounced judgment by the Court was prepared by my attorney of record, _______________, and was lodged with the Clerk of the Court on __________, _______. No judgment of marriage dissolution has ever been entered in this action.

4. This Court acquired jurisdiction over Respondent on _______________, which was the date Respondent filed his Response herein.

5. I was advised by my attorney of record in an office

conference on or about __________, _______, that if a Judgment of Marriage Dissolution were granted by the Court at the trial held on __________, _______, a date six months and one day after the Court acquired jurisdiction over Respondent. It was my understanding and belief then, and at all times since that date, that my attorney would take all steps to have such a judgment entered on my behalf.

6. I was at all times after __________, _______ of the belief I was an unmarried person and therefore was under no legal bar in contracting another marriage. On __________, _______, I entered into a marriage with _______________ at _______________.

7. The Honorable _______________, the Judge presiding at the trial on __________, _______ became ill on __________, _______. Upon his return, the Judge did not sign, file or enter the Judgment of Marriage Dissolution herein. I am informed and believe this omission was because of inadvertence, mistake or excusable neglect on the part of the Clerk of the Court in presenting said Judgment to the Judge for signature. The said Judgment could have been entered on __________, _______, legally terminating the marriage as of __________, _______.

8. Unless a Judgment of Marriage Dissolution is entered nunc pro tunc on the above-mentioned terms on or prior to __________, _______, my marriage contracted in good faith on __________, _______ as alleged above will be void and I will be subject to criminal penalties for bigamy.

9. Attached hereto is a stipulation signed by Petitioner and Respondent expressly waiving rights to appeal said Judgment, to move for new trial, or to move to vacate or set aside said Judgment.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

DATED:_______________

______________________________

Declarant

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