Do errors in the petition for divorce have any effect on the case?

Divorce attorney Jason BowmanQuestion:

My wife has filed for divorce against me but she used an incorrect middle name for me. She put James, but my middle name is Joseph. This is not a divorce I want so I’m wondering if this error has any effect on the filing?

 

Answer:

First let me preface my answer by stating that I am not licensed to practice law in your state, so I am unable to provide any specific advice to your question as I am unfamiliar with the facts of your case and the relevant laws.

In most states, a general error in the style or heading of the case will not automatically get the case dismissed. Usually, the Court will allow a party to correct their pleading or you would be allowed to correct the pleading in your response. In no-fault divorce states, it won’t matter that you don’t want the divorce; your wife will be granted a divorce.

You should contact an attorney in your jurisdiction to get more specific advice to your question.

 

Jason Bowman is an attorney in the Louisville, Kent., office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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