How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7383
Experience:  Experienced Family Law Attorney
63726236
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

I am from California and I recently just filled for a

Customer Question

I am from California and I recently just filled for a divorce. On the petition, under statistical facts, I wrote the wrong year of the date of marriage and it says we've been married for 32 years. Weve only been married for 5 years. I don't know if that will affect the whole divorce. Were filling a dissolution of marriage with written agreement.
JA: Are there any minor children from the relationship? Who has legal custody?
Customer: yes. were filling joint cutody
JA: Because laws vary based on location, what state are you in?
Customer: California
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. That would be it
Submitted: 1 month ago.
Category: Family Law
Expert:  LegalGems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 1 month ago.

The parties to a divorce are under an obligation to the court and the other party to represent accurate facts, so if one becomes aware that a fact was misrepresented erroneously, one needs to correct it. This is especially true as to the length of the marriage, because the court will look to the date of marriage, and the date of separation, in determining what property is community property, and what property is separate property. So if the court makes a division/classification based on incorrect dates, the order/decree can actually be overturned due to mistake - one of the most common grounds for overturning a decree.

As such, if the petition for dissolution states the wrong dates, or misrepresents the years of marriage, the party that filed the petition would need to file an "amended" petition- and then serve that on the other party.

Please note this is not uncommon-the proforma document (here: http://www.courts.ca.gov/documents/fl100.pdf)

even has an "amended" box to check off in the caption.

The petitioner has the right to amend the divorce petition one time without asking the court for permission to do so, and the respondent has 30 days to file an amended response.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.