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Meigs
Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience:  I am well equipped to handle any family law problem you might have.
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I filed for divorce, and I am self representing, however I

Customer Question

I filed for divorce, and I am self representing, however I just recieved a letter from the court that my divorce documents were insufficient for the following reasons:
The parties' marriage certificate indicates that the plaintiff has a middle name. Accordingly, an order amending the caption must be submitted with a supporting affidavit.
A confidentiality order must be submitted with a supporting affidavit.
The certificate of dissolution of marriage indicates that there are four children of the marriage under the age of 18; however, the divorce documents indicate that there is only one child of the marriage. Explain.
The sworn statement of removal of barriers to remarriage and the affidavit of plaintiff indicate that the parties were married in a religious ceremony; however, the verified complaint indicates that the parties were married in a civil ceremony. Explain.
The affidavit of regularity must reflect that the defendant was served with the summons with notice and indicated in the affidavit of defendant.
Part 130 certification must be submitted with the aforementioned corrections.

I was married by a minister, and my wife had a son before we got married. We then had my son, and after seperation 8 years ago, she has had 2 kids by another man, which she admits openly. This is uncontested, and she agrees to the divorce and signed and returned her portion of the documents to me. My question is this: How do I make the necessary amendments, with what form? Since she admits she had 2 kids with another man, are these children still 'of the marriage'? Do I need to 'claim' them on the divorce papers? I have no clue, where it asks to explain, in what manner to explain...on a blank piece of paper with the index number and names, or is there a form for that?
Submitted: 1 year ago.
Category: Family Law
Expert:  Meigs replied 1 year ago.

meigs004 :

Hello, how are you today? So from what I gather from your situation you have filed a divorce action (uncontested) and the court has sent you a deficiency notice indicating to you the deficiencies in your filing. Now you are wondering how to provide these amendments to the court and in what format/manner to present them?

meigs004 :

Is that correct?

Customer:

yes

meigs004 :

Ok, thanks for confirming. The best way to address a deficiency is to address the deficiencies in the order that the court has presented them to you to keep the confusion down on what you are addressing. Therefore, if the first deficiency deals with the Plaintiff's Middle Name, you will need to amend the caption in the filing to provide that middle initial. You can resubmit the documents again, in the same order that you did before, just with that omission provided. Since it has been filed, and the mistake is simple, you must submit a simple affidavit indicating that the error was made by mistake, and that you attest or confirm, that the Plaintiffs middle initial is what it is.

Customer:

The requirment #5 (The affidavit of regularity must reflect that the defendant was served with the summons with notice and indicated in the affidavit of defendant) I filed the Summons and verified complaint, so why do I need to file the summons with notice. I was told that since I have an address confidentiality order, I should not file the summons with notice, otherwise she would get access to my address.

meigs004 :

In this case, it appears that no confidentiality of address order was filed or approved, therefore, it is basically stating that you should indicate to the court that service of the verified complaint/summons along with notice to respond was served on her personally so that the action may continue.

Customer:

So are these forms available, if not how do I draft an affidavit?

meigs004 :

I can look up a standard affidavit for you, it will only take a minute, let me address the children aspect.

Customer:

Thanks so much

meigs004 :

There is a presumption acting in family law courts, that any child born during the marriage, is PRESUMED to be a child of the marriage as the parties are still married, therefore, you must claim them as your children, or seek to overcome the presumption and show that they are the other individuals children. While you are aware that they are not your children for legal purposes they are presumed to be yours without any other evidence to contradict that presumption.

meigs004 :

This is a link to a website with all the standard general new york forms.

Customer:

So with that being said, it asks me to explain...is there another affidavit or can I include all these corrections on one affidavit? Or is it better to just re submit the whole documentation

meigs004 :

http://www.nycourts.gov/forms/familycourt/general.shtml

meigs004 :

GF-21 and GF-21a deal with the confidentiality order and affidavit.

meigs004 :

If the court is asking you to explain the reasoning behind the contradictions simply address them in the same format that you received them. Meaning, if it is itemized, state the question again, with the numeral, and then put under "Explanation".

meigs004 :

For example with the children aspect.

meigs004 :

You would provide an explanation as to why you believed there was only one child, and that you did not understand that they were presumed to be your children. If you wish to seek to show that only one is, the court will further require paternity tests, and more affidavits.

Customer:

ok, so the page needs to have a general format with the index number and parties' names, etc. No special form for that?

meigs004 :

Right, for the explanations, and an affidavit to back up what you are claiming.

Customer:

You are awesome!!! Thanks so much. Should there be a seperate affidavit for each item that requires one? I am assuming yes

meigs004 :

Yes, there should be.

meigs004 :

Thanks for the compliment. It appears that those are the only deficiencies to be corrected.

Customer:

Awesome! Thank you so much...I think I know how to proceed from here. I really appreciate your time and detail.

meigs004 :

I wish you the best of luck in correcting the deficiencies! If this answers your questions please provide a positive rating by selecting the smiley face and submitting so that I can be credited for our time together.

Customer:

Is it true that if I submit the confidentiality order then I don't neet to serve the summons with notice?

Customer:

?

meigs004 :

Under the confidentiality of address order you would simply provide a different address in lieu of your real address for summons and notice purposes.

Customer:

So how do I change the affidavit of defentant since it has already been filed?

meigs004 :

You would need her to execute a new one if she is the affidavit.

Customer:

Oh Lord! Ok...I think that all lol. Thanks so much!

Meigs, Family Law Attorney
Category: Family Law
Satisfied Customers: 1344
Experience: I am well equipped to handle any family law problem you might have.
Meigs and other Family Law Specialists are ready to help you

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Meigs
Meigs
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I am well equipped to handle any family law problem you might have.