Can I press charges if divorce papers were filed too early?

UPDATED: Oct 1, 2022

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Can I press charges if divorce papers were filed too early?

I was served on June 10th for Divorce. On the paperwork I noticed it says that it
was filed by her lawyer on May 7th. She and I have only been apart from each
other since December 10 2018. By my math that’s only 149 days not 6 months or
even close What can I do in regards to this?

Asked on June 30, 2019 under Family Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the papers were filed early, you can get them dismissed "without prejudice" for that technical or procedural violation. However, all that will do is delay matters, since she can re-file the papers once enough time has passed and start the divorce: a error like this doesn't do anything else that force her to start over and do it properly this time.
You cannot press charges: a procedural error in filing a civil matter, like a divorce, is not a crime.

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 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.

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