You may be in a position where you’re worrying about fixing a divorce decree after filing it due to an unforeseen error. Once you finalize a decree in Oklahoma, it represents a legal determination of the rights and responsibilities of each party. However, mistakes and oversights can occur during this process. Thus, this will necessitate subsequent corrections, known as a nunc pro tunc. Understanding how to amend a divorce decree post-filing is crucial for ensuring that the document accurately reflects the intentions and legal agreements of the parties involved. For other legal information, feel free to check out our other posts on our Tulsa County Law Blog.

What is a Nunc Pro Tunc?

The term “nunc pro tunc” is a Latin phrase that translates to “now for then.” In legal terms, a nunc pro tunc order is here to correct earlier clerical errors in judicial records. Hence, this makes the record reflect the original intentions at an earlier date. This type of order it not for substantive changes to a judgment. Rather, it’s there to correct oversights such as the misspelling of a name, a wrong date, or similar clerical errors that do not affect the substantive rights of the parties.

In the context of a divorce decree, the court may issue a nunc pro tunc order if there was a simple mistake in the filed document. For instance, if the divorce decree mistakenly lists the wrong date of marriage or misstates an asset’s value due to a typographical error, a nunc pro tunc order can amend the record. It’s important to have this option to accurately reflect the agreements or intended in the judicial proceedings. Further, you must enter a nunc pro tunc order within twenty (20) days of the filing of the decree for it to be valid. Any changes past that timeframe the judge may require you to file a modification of the decree.

Common Corrections to Divorce Decrees

There are many ways a decree might have errors in it that were missed that need a nunc pro tunc. Most of the time it’s an easy fix that won’t require a hearing date. However, some errors that involve child support or custody matters most likely will need a hearing. Below are a few instances of errors that can occur:

1. Clerical Errors: These are the most straightforward corrections and include typographical errors, incorrect names, or wrong dates. Correcting these errors usually does not require a hearing, as they do not alter the substantive rights of either party.
2. Property Division Adjustments: Sometimes, the division of assets and debts laid out in the decree needs adjustments either due to misrepresentation of the value of assets or because certain assets were omitted inadvertently. The judge may require a hearing to make sure both parties accept the correction.
3. Child Support and Custody: At times, income or child support may be incorrect when the decree is first filed. This may require a correction and a hearing so the proper amount is paid for the wellbeing of the child.
4. Enforcement Issues: At times, terms in the original decree may be unclear or impractical to enforce, requiring adjustments to facilitate compliance.

It is essential if you’re fixing a divorce decree to consult with a family law attorney. They can provide guidance that they tailor to the specifics of your case. An attorney will help you navigate the legal intricacies of filing for these changes, and ensure the protection of your rights throughout the process.

Fixing a Divorce Decree

To amend a divorce decree in Oklahoma, the person seeking the amendment must file an application for nunc pro tunc with the proper court. This pleading should clearly specify the error or the change needed and provide a justification for the amendment. If the correction involves substantive rights or contested issues, the court may require a hearing where both parties can present their arguments. For simple clerical errors, submitting a nunc pro tunc will expedite the process without a need for extensive legal proceedings. Once the judge signs the order, the change will be officially in effect.

Tulsa County Family Lawyers

When you’re looking to fix an error in your divorce decree, it’s important to know what you’re fixing and why. The court will expect solid reasoning and that all errors are accounted for when filing for the nunc pro tunc. It’s important to reach out to a family law attorney near you to discuss your options. Our team here at Tulsa County Lawyers Group have the experience and knowledge to make this happen for you. Don’t let a fixable thing cause you a host of problems later on by tackling it alone. For a free and confidential consultation call us at (918) 379-4864, or you can reach us through our Ask A Lawyer feature.