File for separation extension


#1

Separated about 13 months…file for Absolute Divorce. Ex to be says she will file for an extension…

  1. Can she do that?
  2. The Absolute Divorce document has a type on it…it lists the original marry date as the wrong year. Does that really matter, or can it just be fixed at time of filing?
    thks

#2

Yes, the defendant may request a one time extension of time to answer which allows for an additional 30 days.

You need to file an amended complaint with the correct date of marriage.


#3

Does the amended complaint with the corrected date need to be sent to the Ex again via certified mail…so another 30 days for her to respond/contest starts over? Or do I just have my attorney file the amended document at the court?

ALSO - I just noticed that the Date of Marriage is incorrect in the Sep Agreement…which has been signed by both parties and implemented for months…all assets have been divided, alimony payments made, etc,etc based on the Sep Agreement. Is the Sep Agreement still valid, even though the original marriage date is a typo for the year? Does this create a window of opportunity for ex to come back for more money?


#4

The amended complaint may be sent via regular mail. The amended complaint can be filed anytime before a responsive pleading is filed without leave of court, and it will further extend the time to answer the amended complaint by 30 days.
The separation agreement is valid.