Q: If I filed for irreconcilable difference but was given and found proof of adultery after the filing can I change it
I received a recorded phone call from his girlfriend of 1 yr. I had no idea he was having an affair when I filed. How can I change my filing or how does that work exactly to add the adultery? Tipton County, TN
A: If you filed for divorce, had him served and he has not answered, then yes you can amend your complaint by filing an amended complaint for divorce. If he has filed his answer, then you must file a motion with the court to amend the complaint. If you have an attorney, then the attorney can do this for you. If you don't have an attorney, then you need one. If you only alleged irreconcilable differences, then you cannot get a divorce unless you both agree to everything. Get an attorney.
Anthony M. Avery agrees with this answer
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