Q: My wife left the last page of the divorce petition unsigned, where she was to send a certified copy to the OAG. Invalid?
She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can prove as well. Does all of this invalidate the divorce petition?
A:
No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.
You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.
As for the affidavit of inability to pay, you can file a motion to require payment of costs under Rule 145(e). As that rule requires, your motion must contain SWORN EVIDENCE your wife's allegations in the affidavit are MATERIALLY FALSE.
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