Kitty Hawk, NC asked in Divorce for North Carolina

Q: Does a complaint for absolute divorce have to be amended if the date of birth of a minor child was incorrectly put in?

Child was born 1/02/2019; accidentally wrote in 2018.

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1 Lawyer Answer
Amanda Bowden Johnson
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  • Jacksonville, NC
  • Licensed in North Carolina

A: It should be corrected - yes. There are several different ways to do this. If you did the divorce yourself, this is one of the prime reasons that is always a very bad idea. Especially considering that the only reason to even consider doing it yourself is to save money and with several NC firms able to handle it for you for a flat rate fee of around $395 - you likely won't save any money unless you are indigent (extremely low or no income) and eligible to have court cost waived. Had you hired an attorney for a total flat rate fee of $395 or so - they would absorb the cost of the mistake (if they made it). If you filed the divorce yourself - you have no one to look to but yourself for the extra cost and delay. This is on top of the fact that you have zero idea if what you are doing is the best thing in terms of whether your Divorce Complaint has stuff in there you don't need or often worse, doesn't have something you do need. If you did this divorce yourself, you should likely just consider scrapping and dismissing it and letting an attorney do things for you properly before you end up wasting any more time and money. Best of luck.

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