Can I press charges if divorce papers were filed too early?
Question Details: I was served on 06/10 for divorce. On the paperwork, I noticed that it says it was filed by her lawyer on 05/07. She and I have only been apart from each other since 12/10 of last year. By my math, that's only 149 days not 6 months or even close What can I do in regards to this?
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If the papers were filed early, you can get them dismissed "without prejudice" for that technical or procedural violation. However, all that will do is delay matters, since she can re-file the papers once enough time has passed and start the divorce: a error like this doesn't do anything else that force her to start over and do it properly this time.
You cannot press charges: a procedural error in filing a civil matter, like a divorce, is not a crime.