Complaint with Property Settlement


#1

I went to court this morning for an Absolute Divorce Judgement to include a previously court filed Property Settlement Agreement and a change back to my maiden name. I presented all of my original signed and notarized documents. The judge said that all of the documents looked correct; but, he didn’t agree with my Complaint because it displayed the file number for the Property Settlement Agreement and did not have that document attached to the complaint.

Although I gave him an original copy of the PSA with the other signed and notarized documents required this morning, he said that I would have to file an Amended Complaint to state that the PSA was attached and attach it. He said that I would not have to pay court cost again. Is that true?

What do I need to do on the “Amended Complaint” and what additional paperwork I send my husband? Will I have to start it all over and pay the hundreds of dollars of court cost again? I am confused because he didn’t have the other documents beforehand either and I was cautious enough to place the file number on the Complaint and Judgement.

What is the law on this? Would some judges have sent this on through?


#2

There is only a filing fee for the initial filing of a complaint, so you should be able to file an amended complaint, as the judge instructed, attaching the agreement as an exhibit to the amended complaint. The opposing party will have an additional 30 days to answer the amended complaint.

Would another judge have accepted the judgment and incorporated the agreement? Probably. Our jurisdictions do not have consistent requirements for this to occur, so it is likely that there is at least one that would have taken it as is.