Name mispelled on Complaint


#1

This question got deleted, and I’m not sure why. I misspelled my STBX’s middle name on the divorce complaint. It’s correct on all the other forms. Will I need to file a corrected complaint and reserve her with it, essentially starting all over?


#2

I apologize for the deletion, my response was also deleted. I noticed that as well and have been experiencing difficulty with the website this morning. If the name is misspelled in the complaint it must be amended and refilled and served. I believe in your previous post you indicated that the entire process was complete and that the final judgment had the correct names, if this is the case you need not do anything and the judgment will stand.


#3

The process isn’t complete, but she’s been served the notice with the misspelling. Am I correct in thinking I won’t be able to file the affidavit of service until she’s re-served with the corrected names?

The other part of the previous question was that the clerk at the court had no idea what I was talking about with a waiver of time. She basically indicated when I brought in the affidavit of service they could request a court date, but that the judge may just say the waiver wasn’t good enough and then make me reschedule for the end of next month. I was planning on meeting with her tomorrow to get the waiver notarized and take that to the court house tomorrow afternoon, and see when the earliest Friday session I could get into is.

It sounds like I need to correct the name, send the new complaint, wait for THAT certified mail return, then get the waiver notarized and THEN try and schedule a date. I can’t believe I was so stupid as to miss a typo in the complaint.

PS Also, is there anything special that needs to be on the amended complaint to indicated it’s amended, or is it just the same thing with the corrected spelling, possibly labeled Amended Complaint instead of Complaint?


#4

Yes, you are correct, you must serve her with the amended complaint and the affidavit of service will reflect that date of service.
A waiver of time is a document in which your spouse waives time to answer the complaint, these are legally valid to waive the 30 day response time.
You are also correct in that the Amended Complaint should be labeled “Amended Complaint”, and should look just like the original, except with the correct spelling of the name and should indicate that the spelling is what made the amendment necessary.


#5

Thank you so much Erin.