Q: Wrong date of marriage on divorce paperwork. 90-day waiting period just began. Must I refile and begin 90-day again?
Using a mediator who talked to court clerk. Was told I could submit marriage certificate before paperwork goes before judge, but cannot get straight answer if this will cause delays once in front of the judge. Seems like a small administrative correction. This is an uncontested divorce with an agreed upon settlement agreement. I don’t like the idea of refiling and beginning the 90-day cooling off period again, but I really hesitate to wait before it goes before the judge after the cooling off period and “hope” that it doesn’t cause an issue.
A: First of all, the judge has no independent source of information on your case so would not know that the date of marriage on the divorce complaint is incorrect unless he/she was informed by someone. More than that I really can't answer because it's unclear to me where you are in the process. If you're concerned about the incorrect date, find out if your spouse will agree to allow an amended divorce complaint to be filed. I see no reason why, by filing one, you'd restart the 90 day waiting period. Have you considered taking your paperwork to an experienced family law attorney in your area? if you would do that, the attorney can provide an opinion after having reviewed the paperwork, something which I cannot do on this website.
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