I go to court tomorrow for my divorce hearing (pro se) and my soon to be ex is not contesting and will likely not even be present. Here is my concern–I just discovered tonight that I have likely put the wrong marriage date on every document I have filed. I do not have a copy of our marriage certificate and the wording of the all the documents I have filed is “married on (this date),” not the alternate “married on or about (this date).” I didn’t even know the latter was an acceptable alternative, plus I was pretty certain of the marriage date I found from a reputable online database, but when I checked that same database tonight to confirm the place of marriage, the date was listed differently. I know it is too late at this point to change anything, but if a judgment for absolute divorce is issued tomorrow based on that incorrect date, will it invalidate the divorce? Do I need to alert someone to this possible error, get a copy of my marriage certificate, and refile?
The best course of action would be to remove the divorce hearing from the calendar and file either an amended complaint (depending on time constraints) or an affidavit stating the correct date of marriage. The case does not need to be dismissed and you would not need to re-file.
However, if you are going to be giving testimony in order for the judge to grant your absolute divorce, then you can testify that the date in the complaint is incorrect and you can give the correct date of marriage. The judge may very well find that the updated date of marriage is the correct one and still enter the absolute divorce.
The incorrect date of marriage will not invalidate the absolute divorce however, if you know the date is not correct, you should take one of the above steps to correct it.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Unfortunately, without a copy of the certificate which is out of state, I
can say either way which date is correct and my spouse has seen all the
documents and not raised a concern, so I am thinking I should just proceeds
using the date I originally filed under. Advice?
You can proceed in that way, just be careful not to testify to something that you know not to be true or is not true to the best of your knowledge. You do not want to perjure yourself on the witness stand.
You can however, testify that you believe, to the best of your knowledge (assuming this is a true statement), that the date of marriage is on or about a specific date.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I testified that I was married “on or about” the date submitted in the
complaint and other documents and the judge signed a judgment for divorce
saying we were married “on” that date, so in other words she issued a
divorce judgment yesterday that I already have in hand based on the date
submitted in
all the original paperwork (complaint, etc.). Is this divorce valid or do I
need to take steps to correct it to make it valid?
Yes, your absolute divorce is valid if you testified to the truth as best as you know it to be.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.