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  #1  
Old 09-26-2005, 11:03 AM
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Can initial complaint to divorce be changed?

NJ, I have been divorced for now 2 years. When my attorney filed the divorce complaint, he stated that we have been saparated for 2 years but that was not correct. Right after we divorced, I got remarried. Would it be possible to to go the judge and state that the complaint that stated both parties had been saparated for 2 years is not correct. When we filed for divorce, we have been saparated for only couple of months. Any advice would be greatly appreciated.
  #2  
Old 09-26-2005, 01:24 PM
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Quote:
Originally Posted by staff101
NJ, I have been divorced for now 2 years. When my attorney filed the divorce complaint, he stated that we have been saparated for 2 years but that was not correct. Right after we divorced, I got remarried. Would it be possible to to go the judge and state that the complaint that stated both parties had been saparated for 2 years is not correct. When we filed for divorce, we have been saparated for only couple of months. Any advice would be greatly appreciated.
Why does it matter? You are divorced either way. Is there something going on that makes that an issue?
  #3  
Old 09-27-2005, 03:27 PM
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NJ, yes it is really important for me. I would like initial complaint to state the correct date of saparation. please let me know whether this is doable or what step should I take. Thanks in advance.
  #4  
Old 09-27-2005, 03:31 PM
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Quote:
Originally Posted by LdiJ
Why does it matter? You are divorced either way. Is there something going on that makes that an issue?

I suspect there's a financial windfall the OP missed for this or if the state requires a separation time she could get it vacated for whatever reason.

To the OP... the chance to change this was immediately following or during the proceedings.
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  #5  
Old 10-01-2005, 08:48 PM
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you are saying that the judge cannot accept the correct divorce complaint?
  #6  
Old 10-02-2005, 02:55 AM
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Quote:
Originally Posted by staff101
you are saying that the judge cannot accept the correct divorce complaint?
Your divorce has been final for two years....it is way past any deadline for making any corrections.

If you explain WHY this is so important to you we might be able to give you other options for resolving your problem.
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Old 10-02-2005, 03:03 AM
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You do realize that NJ requires a separation period of at least 18 months before you can get a divorce on "no fault" grounds, right?

So, if you want to open this up, it will bring up the fact that your attorney (acting on your behalf) filed knowingly false sworn documents to the court, so therefore a criminal offense has occured? Do you want your previous divorce "nullified"? If so, that would make you a bigomist as you got married after that divorce.... but if you didn't meet the grounds for divorce (the 18 months) were you ever really divorced to begin with? And can you also be charged with bigomy?

Is this REALLY something you want to go back and do considering the possible ramifications it could bestow upon you?

"Separation is New Jersey's only no-fault ground for divorce. To qualify under this grounds, both the husband and wife must have lived separately, in different houses (not only different rooms) for a period of at least eighteen consecutive months. Moreover, in order to qualify for the no fault divorce, there must not be a reasonable expectation of reconciliation. N.J.S.A. 2A:34- 2A(d)."

Your attorney more than likely said you'd been separated for 2 years to meet the requirement to even get a divorce.
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  #8  
Old 10-02-2005, 06:49 PM
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NJ, my attorney at the time said, in order to get a quick divorce, you have to be saparated for 18 months and over. My ex-wife and and I decided that we couldn't make the marriage work, so we both decided that we should divorce. I now realize that stating in the initial complaint saparated more than 18 months will cause all sort of problems. Please help me how can I go back to the judge and fix this once for all.
  #9  
Old 10-02-2005, 06:55 PM
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Quote:
Originally Posted by staff101
NJ, my attorney at the time said, in order to get a quick divorce, you have to be saparated for 18 months and over. My ex-wife and and I decided that we couldn't make the marriage work, so we both decided that we should divorce. I now realize that stating in the initial complaint saparated more than 18 months will cause all sort of problems. Please help me how can I go back to the judge and fix this once for all.

What part of this isn't possible are you NOT getting?? Let alone the fact of IF it was possible all the problems it would cause now.
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  #10  
Old 10-02-2005, 07:52 PM
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Quote:
Originally Posted by staff101
NJ, my attorney at the time said, in order to get a quick divorce, you have to be saparated for 18 months and over. My ex-wife and and I decided that we couldn't make the marriage work, so we both decided that we should divorce. I now realize that stating in the initial complaint saparated more than 18 months will cause all sort of problems. Please help me how can I go back to the judge and fix this once for all.
Either thoroughly explain the situation so that you can get decent answers....or go get yourself a consult with a local attorney. We can't help you if you don't"spill the beans".
  #11  
Old 10-03-2005, 08:50 AM
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Maybe invalidating the divorce is a means of making the next marriage invalid? Which could affect property distribution or alimony potential in a breakup?
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  #12  
Old 10-03-2005, 09:04 AM
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PLease supply the facts, what is it that might be affected. Once we know that, there may be a better way of addressing the problem. Is there a child conveiced during this separation, home or property bought, business started, debt incurred, winfall?
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  #13  
Old 10-04-2005, 11:20 AM
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NJ, I already talked to an attorney who said that only option is to change the complaint and make it correct. My question is that would it be possible and how?
  #14  
Old 10-04-2005, 11:33 AM
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Quote:
Originally Posted by staff101
NJ, I already talked to an attorney who said that only option is to change the complaint and make it correct. My question is that would it be possible and how?
Look, I honestly don't think anyone here is going to be able to help you without knowing the background on this and why you need this to happen.
  #15  
Old 10-04-2005, 11:45 AM
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Quote:
Originally Posted by staff101
NJ, I already talked to an attorney who said that only option is to change the complaint and make it correct. My question is that would it be possible and how?
Since you won't provide the facts, ask that attorney to assist you and all the consequences of your perjury.
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