QUESTION
What can I do if my divorce papers doesn't contain facts?
Asked on Apr 09th, 2013 on Divorce - Delaware
More details to this question:
My divorce is based on a lie. It says we were separated for 6 months and it was only 2 and that no minor children were born into the marriage and that I am not pregnant. There were 3 kids born during the marriage and I am pregnant. What can I do?
9 ANSWERS
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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You file a response and you state the facts as you know them.
Answered on Apr 11th, 2013 at 12:12 AM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Do I understand that this is the petition filed by your husband? Or are you saying that this is what is set forth in the final decree of dissolution? If these are the allegations in the petition then you simply file a response to the petition. If you are saying that there is a decree of dissolution that you went along with, which contained false information I am not certain what advice to give you to straighten it out. It is important that you see an experienced family law attorney, and when you do it is imperative that you bring all of the documents related to this matter.
Answered on Apr 10th, 2013 at 11:41 AM
Marc John Weinpel
You should file a response to the Complaint alleging the true facts. In this matter you definitely need an attorney.
Answered on Apr 10th, 2013 at 11:41 AM
When you file a response to the petition you put the facts down as they are. That will show there is a discrepancy in the pleadings and the parties will have to work out all the details prior to having any final orders entered.
Answered on Apr 10th, 2013 at 11:41 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Obviously what you should do is engage an attorney and get the correct fax please send the record.
Answered on Apr 10th, 2013 at 11:40 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Before the divorce is done amend your paperwork or file to set aside the divorce based on mistake. The court has to decide child custody and award you some child and maybe spousal support. Your mistake will cost you if you do not fix it. You may need an attorney to help.
Answered on Apr 10th, 2013 at 9:41 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Depends if it is in the petition, you can file a response with the correct information. If it is in the final paperwork, a motion to reopen needs to be done.
Answered on Apr 10th, 2013 at 9:31 AM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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In Michigan a Complaint for Divorce cannot contain "facts" because we have had No Fault Divorce since 1973. The Complaint for Divorce should should only contain the standard clause "there has been a breakdown of the marriage relationship to the extent the objects of matrimony have been destroyed and there is a reasonable likelihood the marriage cannot be preserved." Fact of lies, infidelity, abuse, etc. May be relevant in child custody, alimony or property division issues but not in the initial paperwork starting the divorce process.
Answered on Apr 10th, 2013 at 9:29 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You should file an answer and a counterclaim with the correct facts.
Answered on Apr 10th, 2013 at 9:26 AM