Divorce complaint


#1

What do you suggest when someone is served with divorce papers and the separaration date is incorrect, example: separation date was 9/30/2010 (according to police report) divorce complaint states “on or about 9/5/2010.” Thank you.


#2

In your Answer, you can object. File a reply to her complaint and deny the allegation that you separated on that date. If the complaint for divorce contains allegations that are untrue with respect to the facts it contains, then you can object to this specific claim for divorce. She cannot file for divorce until one year and one day after separation has passed. After filing, you have to wait for your court date so if you are correct, then you likely wouldn’t be divorced until November or December at the earliest.


#3

Thank you very much, I know a lot of people do not express their thanks but I do want you to know that this forum has been very helpful and very entertaining at the same time. Thanks again!


#4

You are welcome! Thank you for the kind words.


#5

There is one detail that I failed to mention. I believe that the Plaintiff is using the 9/5/10 date because the defendant started staying (sleeping at night) in the motor home located at their jointly owned marital address. The defendant continued to eat with the family inside the home as well as take showers. The Plaintiff vacated the home, taking everything that wasn’t nailed down on 9/30/10, which is the reason for the police report. So, I am asking again to please confirm which date should be used. Again, I thank you.


#6

Based on these facts, 9/30/10 would be the correct date of separation.


#7

Again, I thank you.


#8

When Plaintiff files the divorce complaint with incorrect information, can the defendant dismiss that complaint and file his own divorce complaint or does the Plaintiff have to answer the motion to dismiss first? Thank you so much.


#9

The defendant can never dismiss the complaint. The judge is the only one who can dismiss it and he will not dismiss a complaint without hearing from both parties, if she disputes your corrected date of separation. You need to deny that date in your Answer and she will likely then need to prove to the judge that her DOS is correct.


#10

You all have been SO helpful with this process. Thank you so very much.


#11

You are welcome! Good luck to you.