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

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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 11 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 ___________.

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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.

 


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