First time I knew it a few days ago,
(when i needed it for a legal purpose) and it was filed and finalized in 2014 by my ex husband.How important is to correct it and what is the proceeder/fee? Thank you
It is not very important at all. If it really bothers you, then retain an attorney to handle it for you. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced VA matrimonial attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You will have to file a Motion to reopen the case, and then also a second motion to correct a scrivener's error. Contact your Circuit Court Clerk's office to find out what the reopening-of-a-divorce filing fee charge is (usually around the same cost as a new case, but not always) and then contact a good domestic relations attorney to fix it for you. The toughest part might be to track down your ex-husband because an attempt to serve him must be made.
Legal issues often depend on the specific facts in any given case or situation. Please do NOT utilize the information you receive as either a binding legal opinion in your case, nor presume that I am your counsel because I've answered a question you had. Any legal representation is accomplished by written contract ONLY, signed by each of us.
If the divorce decree officially changed your name, and that name is spelled incorrectly, you could either try to go back to correct the record as another attorney on here suggested, or it might make sense to simply file for a new name change, which would be unrelated to the divorce and for which you wouldn't need to serve your ex-husband. This process is relatively quick and inexpensive.
DISCLAIMER: This information is not and cannot be considered to be legal advice, nor does it signify the formation of an attorney-client relationship. It is merely general information that you should not rely on, unless we speak extensively in person and I explicitly inform you that I am giving you legal advice that you can act upon. Before I can represent you, I have to ensure that there are no conflicts of interest or other obstacles to representation; therefore, you should not assume that I am your attorney until we enter into a written agreement to that effect.
You will need to reopen the case. The procedure varies county by county, but usually involves paying a fee of approximately $30. Once you have done that, you will file a Motion to Correct Scrivener's Error and place it on the court's docket. The court has authority to correct mistakes such as misspellings in its orders.
This answer is provided for general information purposes only and does not constitute an attorney-client relationship. To receive advice tailored to your unique circumstances, you should meet with an experienced attorney.
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