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?
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.
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