Legal Question in Family Law in Florida

If the information (date) when you got married was wrong in all the divorce papers, can you invalidate the divorce and fill another one? Thanks


Asked on 12/04/09, 11:56 pm

3 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Typographical errors do not normally invalidate pleadings or other legal documents. The substance and intent of the court is still true even if dates are wrong.

Are you saying you want to invalidate your divorce decree and refile - to hopefully get a better deal next time around? You could try it, but I wouldn't based on an incorrect date in the order. Just my opinion.

Read more
Answered on 12/10/09, 6:20 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

No need to; you are still divorced despite the typo

Read more
Answered on 12/10/09, 6:36 am
Brent Rose The Orsini & Rose Law Firm

If, in a divorce petition, someone states the wrong marriage date, the person answering the divorce petition should deny the allegation containing the marriage date. If the allegation isn't denied (or even if it is denied and not brought up during the trial) and the divorce proceedings conclude, the divorce is over. It can't be reopened. The marriage date isn't usually irrelevant, anyway. Usually, the judge just needs to know how long the marriage lasted to see if alimony can be awarded. If you didn't bring up the error during the divorce proceedings, it's too late now, even if the date was important.

Read more
Answered on 12/10/09, 8:38 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida