If I sent out divorce paperwork to my ex wife and she has noticed that the date of marriage is incorrectly listed, will this affect the divorce?

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If I sent out divorce paperwork to my ex wife and she has noticed that the date of marriage is incorrectly listed, will this affect the divorce?

Asked on July 8, 2011 under Family Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The mistake in the date of marriage won't affect the divorce.  File an amendment with the court correcting the date of marriage in the document that was filed.  The title of the amended document would be Amendment to ______ (name of document containing the error in the date).  File the amendment with a proof of service and serve the amended document on your ex-wife. The proof of service verifies the date of mailing. You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless specified otherwise to _________ (name and address of your ex-wife) on ________ (date).  You sign and date the proof of service at the bottom under penalty of perjury.  The date you sign the proof of service should be the same date as the date of mailing and the same date it is filed with the court.


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