Are divorce papers still valid if a spouse files the wrong name on the paperwork?

Also, the wrong date of marriage and wrong year on which the spouse left.

Asked on August 21, 2012 under Family Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The divorce documents are still valid.  To correct the mistakes, the person who filed the documents should just file an amendment stating the corrections.

The amendment would state the name of the case, name of the court where it was filed and case number.  Below that it would say, the _________ (name of document that was filed) is hereby amended as follows:  The name of the spouse is __________.  The date of marriage is _________.  The date the _____________ (name of spouse left) is ___________.

****************************************

The person who originally filed the document signs and dates this amendment at the bottom.  The amendment is then filed with the court with a proof of service and is served by mail on the other spouse.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.