Made mistake on divorce complaint


#1

Hello,
My ex filed the complaint for absolute divorce (this is uncontested amd we are friends) and it turns out we put the wrong separation date on the complaint. It was meant to sat 6/15/15 but we put 6/15/16. It was filed, I was served and she went back to the court 31 days later to file the acceptance of sevice, etc. And the clerk pointed out the date issue. Can this be fixed at this point with an amended complaint or do we have to start over? Thanks for any help that can be provided!


#2

You can file an amended complaint fixing only the erroneous date and you do not have to start over. The plaintiff will need to file the amended complaint and then serve the defendant with the filed document.

Keep in mind that an amendment can be done at any time before the defendant’s answer is served on the plaintiff. If the plaintiff has already been served with the defendant’s answer, then the plaintiff must either obtain the Court’s permission to amend the complaint (called “leave of court”) or obtain written (and filed) consent from the defendant to amend it.


#3

Thank you for the clarification! Where can I find the amended complaint form?


#4

There is no pre-printed form for an amended complaint. It is a document that looks like a complaint but states that it is amending only a certain part of the original complaint and references the paragraph number from the original complaint.