Santa Clarita, CA asked in Divorce and Family Law for California

Q: My husband filed for divorce with the wrong date of marriage. I filed a response with the correct date of marriage.

Does he need to file an Amended Petition or can we wait for the judgment paperwork. We are in agreement in everything except the wrong date of marriage that he wrote on the Petition. What does he need to do?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the situation you've described, here's what you should consider:

1. Correcting the error: While it's important to have accurate information in your divorce documents, minor errors like an incorrect marriage date can often be corrected without filing an Amended Petition.

2. Agreement on facts: Since you both agree on everything except this date, it's a good sign that you can resolve this issue amicably.

3. Options for correction:

a) Wait for judgment paperwork: If you're both in agreement, you can typically wait to correct this information in the final judgment paperwork. The judge will review all documents, including your response with the correct date.

b) File an amendment: If you prefer to correct it sooner, your husband can file an amendment to the petition.

4. Recommended course of action:

- If your divorce is uncontested and progressing smoothly, waiting for the judgment paperwork is often the simplest approach.

- However, if you're concerned about potential complications, your husband could file a simple amendment to correct the date.

5. Consult with the court clerk: For the most accurate advice specific to your local court, consider contacting the court clerk. They can advise on the best procedure for your situation.

6. Legal advice: If you have any concerns about how this might affect your case, it's always best to consult with a local family law attorney.

Remember, while the correct date is important for accuracy, judges understand that minor errors can occur and are generally accommodating when both parties agree on the correct information.

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