If a petition for divorce was filed and granted withincorrect information, is the divorce valid?

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If a petition for divorce was filed and granted withincorrect information, is the divorce valid?

My ex filed for a divorce and it was granted but he put wrong information on there as far as my SSN and DLN, along with a fake name change. Am I still legally divorced? Or what do I need to do? The original petition for divorce he sent me had all my right information and the waiver I signed as well. Please let me know if I’m divorced or not.

Asked on November 17, 2010 under Family Law, Texas

Answers:

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

Answered 11 years ago | Contributor

Your divorce is valid, but it would be advisable to file an amendment with the court correcting the errors (SSN, DLN, name change).  You would file the amendment with a proof of service.  Mail the  amendment with the proof of service to your ex after filing the documents with the court.  The amendment could say, I______ (your name) am the respondent in the above-captioned case.  This amendment corrects the following errors in the ________ (name of document) so that it conforms with the correct information filed in the original petition. (Attach a copy of the petition with the correct information).

List your correct information.  Sign under penalty of perjury and date the amendment.  Attach a proof of service to the amendment and file it with the court.  The proof of service confirms the date of mailing to your ex.  You can either use a court form proof of service or you can write your own.  If you write your own, the proof of service would say: I am over 18 and the attached documents were sent via first class mail unless otherwise indicated to _______ (name and address of your ex) on _________ (date).

I declare under penalty of perjury that the foregoing is true and correct.

 Sign and date at the bottom of the form.

The date you sign the proof of service should be the same as the date on which it is mailed and this should be the same date that you file the documents with the court.


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