Can I press charges if divorce papers were filed too early?
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Can I press charges if divorce papers were filed too early?
I was served on June 10th for Divorce. On the paperwork I noticed it says that it
was filed by her lawyer on May 7th. She and I have only been apart from each
other since December 10 2018. By my math that’s only 149 days not 6 months or
even close What can I do in regards to this?
Asked on June 30, 2019 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If the papers were filed early, you can get them dismissed "without prejudice" for that technical or procedural violation. However, all that will do is delay matters, since she can re-file the papers once enough time has passed and start the divorce: a error like this doesn't do anything else that force her to start over and do it properly this time.
You cannot press charges: a procedural error in filing a civil matter, like a divorce, is not a crime.
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