Legal Question in Family Law in New York

Mistake in the affidavit of defendant

After my boyfriend filed for divorce, his wife signed all the paperwork, but she made a mistake in the affidavit of defendant. In Line 5 she marked that she is not seeking anything from him other than what's mentioned in the written stipulation. There is no written stipulation or agreement existing, they never had one. The judge keeps returning paperwork and requests written agreement because she marked that line in her affidavit. We sent an updated copy of the affidavit without that line but the judge still returned it. What do we do next? Should we send notarized letter saying there is no agreement? Any ideas?


Asked on 7/14/07, 6:22 pm

1 Answer from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Mistake in the affidavit of defendant

They should both file an affidavit stating that the original statement was in error. After that... HIRE A LAWYER. Divorce is too complicated to handle by yourselves and even the easy ones can get screwed up by Pro Se litigants.

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Answered on 7/16/07, 7:53 pm


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