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Old 11-18-2008, 03:37 PM
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If spouses affadavit is incorrect


What is the name of your state (only U.S. law)? PA

I just realized I posted this in the wrong forum. Should I repost in the Divorce forum?? Not sure what to do here.

Ok here's the deal my husband filed for a divorce he affadavit states that we have been seperated since 2006 our initial date of seperation is March of 07 however we reconciled in March of 2008 where he moved back into my home from PA to NJ where he remained until August of 2008 when we planned to move to Florida which I did however, a few weeks after my arrival in florida he said he was not coming that he was staying behind with the g/f he lived with during our initial seperation in 2007. My questions is I do want the divorce however I don't want to let the papers go thru with false information if there are ramifications for knowing that the information is incorrect. It's a no fault divorce I don't have to sign anything only if I want to contest the divorce. My fear is that there could be some type of consequences which I am sure there are what. I am afraid that if I contest the divorce I am afraid that he will withhold support payments not sign off on the house that I bought but because he lived there he has to sign the papers for the sale to go thru. Does anyone have any suggestions.

Last edited by KAMKI68; 11-18-2008 at 07:08 PM. Reason: pOSTED IN THE WRONG FORUM
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Old 11-18-2008, 04:14 PM
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Quote:
Originally Posted by KAMKI68 View Post
What is the name of your state (only U.S. law)? PA

Ok here's the deal my husband filed for a divorce he affadavit states that we have been seperated since 2006 our initial date of seperation is March of 07 however we reconciled in March of 2008 where he moved back into my home from PA to NJ where he remained until August of 2008 when we planned to move to Florida which I did however, a few weeks after my arrival in florida he said he was not coming that he was staying behind with the g/f he lived with during our initial seperation in 2007. My questions is I do want the divorce however I don't want to let the papers go thru with false information if there are ramifications for knowing that the information is incorrect. It's a no fault divorce I don't have to sign anything only if I want to contest the divorce. My fear is that there could be some type of consequences which I am sure there are what. I am afraid that if I contest the divorce I am afraid that he will withhold support payments not sign off on the house that I bought but because he lived there he has to sign the papers for the sale to go thru. Does anyone have any suggestions.
Pleadings are considered to be under oath. You have not been separated the requisite time most likely and that is fraud.
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Parents should remember two things: Love your kids more than you hate your ex (or soon to be ex) and when you have children the relationship with the other parent is until death parts you.

Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. My advice is based on the law and not deemed to necessarily apply to the specifics of your case. The devil is in the details after all.
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Old 11-18-2008, 05:21 PM
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Join Date: May 2004
Posts: 33,549
Quote:
Originally Posted by KAMKI68 View Post
What is the name of your state (only U.S. law)? PA

Ok here's the deal my husband filed for a divorce he affadavit states that we have been seperated since 2006 our initial date of seperation is March of 07 however we reconciled in March of 2008 where he moved back into my home from PA to NJ where he remained until August of 2008 when we planned to move to Florida which I did however, a few weeks after my arrival in florida he said he was not coming that he was staying behind with the g/f he lived with during our initial seperation in 2007. My questions is I do want the divorce however I don't want to let the papers go thru with false information if there are ramifications for knowing that the information is incorrect. It's a no fault divorce I don't have to sign anything only if I want to contest the divorce. My fear is that there could be some type of consequences which I am sure there are what. I am afraid that if I contest the divorce I am afraid that he will withhold support payments not sign off on the house that I bought but because he lived there he has to sign the papers for the sale to go thru. Does anyone have any suggestions.
I suggest that you respond to his filing (contest the divorce) with corrections on the dates. Explain exactly what you explained here. You don't have to contest any other part of it unless there is something else that is a problem for you.
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