Typo on complaint for divorce


#1

My stbx found a typo on the marriage date on the divorce complaint I sent to him in which he denied and corrected on his answer. It says we married in 2011 when it should have read 2001. We have divorce hearing scheduled for next Friday the 29th. Do I have to file amended complaint and go through the entire waiting and service process again???


#2

You could file an Amended Complaint, which would require service and another wait. Or, you could file a Reply acknowledging the typo in your complaint. This would probably be the better option, as it wouldn’t require service.


#3

Exactly how do I file a reply acknowledging the typo? and which forms do I use? The hearing for the divorce is set for July 29th.


#4

Telling you specific language to use is beyond the scope of this forum. Contact the clerk of court in your county for filing instructions.


#5

I went there today and she said she didn’t know a form to use, or couldn’t tell me. She asked If I wanted to amend the complaint. Please help me, i am lost. Can I use the cover sheet and use the OTHER box saying that there was a typo? Is it possible that we appear at divorce hearing and the judge will still give divorce even though there is a typo? I am in Wake co.


#6

A pleading is a Complaint, Answer, Counterclaim or reply. If there are any counterclaims, you will need to answer in reply. You mentioned that you already filed a Complaint, your ex filed an Answer. Did he list any countercliams? If so, you will need to file a reply to those. That is where one could easily correct a typo in the original Complaint instead of filing an Amended Complaint.


#7

Yes, he filed an answer and counterclaim denying paragragh #3 date of marriage. Do I then use a cover sheet with a counterclaim and admit to paragragh 3 that there was a typo in the date of marriage?

Can I use this language on the answer/reply?

ANSWER/REPLY

NOW COMES the Plaintiff responding to the answer and counterclaim and says:

  1. The allegations of the typographical error on the date of marriage in paragraph 3 are admitted. The Parties were married on correct date.
    Also, I assume that I need to use a civil action cover sheet,Verification, and notorized Cert of service to use with my reply?

#8

Yes, you would file a reply to his counterclaim and agree with his allegation of the date of marriage. Replies do not have cover sheets. I cannot comment on this forum about specific language used in any document. That is beyond the scope of this forum.


#9

Thank you Crystal, you have been a life saver. I used a cover sheet and hope that is dosen’t pose a problem with the judge?

Once we move toward the ED and alimony process, I plan to use the online service.

Thanks again!


#10

You are welcome! I wish you all the best.