Errors in divorce papers that were served

Asked over 1 year ago - Las Vegas, NV

If my husband served me divirce and custody papers and he has errors on the papers he served such as date we were married and how long I have been a resident in nevada . can i get these papers dismissed and have him revise them and have to have them re served.

Attorney answers (4)

  1. Joseph W. Riccio

    Contributor Level 7

    4

    Lawyers agree

    Answered . It is not worth doing that. You need to file an Answer and Counterclaim within 20 days of being served. He only has to state a claim in the complaint. The accuracy of that information will be binding in a Divorce Decree.

    In your counterclaim, state the correct information.

  2. Jill K. Whitbeck

    Contributor Level 18

    3

    Lawyers agree

    Answered . No, you cannot move to dismiss the papers. They are simply his version of the facts, and what he wants. You must file an Answer, wherein you either admit or deny his facts and requests. If you also wish to be divorced, you should also file a counterclaim and state your version of the facts along with your requests. Wasting time and energy on the little stuff is simply not worth it. Focus on getting the divorce itself done. You should at least consult with an attorney, as there are many pitfalls in this process.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  3. Richard Edmund Hawkins

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . I'll be more blunt than the others: what possible point would there be to that, other than to run up his legal fees.

    Get a lawyer and get done with this; the type of fight you're trying to start just makes things more expensive for all parties.

  4. Israel Lynda Kunin

    Contributor Level 15

    Answered . When you file your Answer, you can admit or deny his allegations, including admitting you were married, but denying the date of marriage, for example. You can dismiss the Complaint.

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