My husband filed a petition for divorce using false information. He waited 4 weeks after I left on a pre-agreed upon trip to Seattle with our two young children. He claimed I took them without his knowledge. He also claimed our date of physical separation to be November 2010. That is a bold lie because I had just given birth to our son on September 16, 2010 and my mother was living with us temporarily to help with the baby. Our actual date of separation is March 16, 2011. My husband was FULLY aware of our planned trip to Seattle - I enrolled our older son into School (as previously agreed upon) to finish the school year in Seattle. I have taken my son to Seattle EVERY year and even lived in Seattle for several years (alternating) while my husband moved around due to his M.D. training.
A: It's best to consult with an attorney to respond to a divorce petition or complaint. Handwritten answers are risky business if the court finds them illegible. Typewritten answers are best. The Answer should be re-created on fresh paper, not merely written on the document or "pleading" (as they are called) sent to you. If you do opt for this method, at least make a couple of copies before you do so. Write on one for your Answer. Retain the other as a copy for your files. And, make plenty of copies of your Answer for filing with the other side, the court, and of course keep one for yourself--at minimum. Again, it's best to hire a lawyer, who knows your state;s court rules, and go from there. Good luck!
The information contained in this answer or article is intended to convey general information about "Attorney Tracey" a/k/a Tracey M. Martin-Henry, Esq. It should not be construed as legal advice or an opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. Any email sent via the Internet to Attorney Tracey at email@example.com would not be confidential and would not create an attorney-client relationship.
I am an attorney practing in Jefferson Parish. Sounds like you need an attorney to represent you. I'm not clear whether he has already obtained the divorce. If not, you will want to file an answer and set forth the fraudulent info. Who is his attorney? I'm sure he's misrepresenting the separation date to try and limit support he owes you. Good luck.?
Family Law Attorney
I agree with the other answer, he put the wrong separation date to limit temporary spousal support. It is better to answer the petition on a separate sheet. You can had write if you like, just make sure you put what is known as the caption, the name of the parties, the suit number, division and parish. He should not be able to get the divorce until 1 year after the separation date since you have minor children. You do need to consult an attorney.