What do you do if you discover there was an error on divorce papers that you’ve already filed? Here’s some advice from a lawyer in Houston, TX, on what to do when that happens.
What Happens If There Was an Error on the Divorce Papers? Advice from a Lawyer in Houston, TX
The most common paperwork errors are misspelled or just plain wrong names, addresses, dates or Social Security numbers. All details on your divorce paperwork must match official records exactly. Other common errors are failing to complete all required information on divorce forms or failing to submit one or more of the documents required for divorce. Another, more serious, error is a mistake or omission in the reporting of finances or property.
Potential Results of Errors
Mistakes that seem minor still have the potential to cause delays in the divorce process when they are discovered. Courts are often backed up with cases, so even a small mistake can result in your paperwork being pushed to the back of the line, and extend your divorce timeline by weeks or months. And if you are tempted to just let those “small” errors go in hopes of moving through the divorce quickly, remember that these “small” errors have the potential to come back and bite you if you ever wish to marry again in the future, since all documents must match official records.
In some cases, more significant errors on divorce paperwork can result in legal penalties or even dismissal of your case, especially if the mistake is related to financial disclosures or asset division, whether unintentional or not. In extreme cases, repeated errors or omissions could lead to accusations of fraud, especially if the court believes the mistake was intentional.
How to Correct a Factual Error Discovered During the Divorce Process
File the Amended Document
To correct a basic factual error (names, addresses, dates, etc.) or complete a form that was not fully filled out, you will need to get a new document and fill it out correctly. Then you will need to file the revised version with the court.
Notify the Court of the Change
Filing an amended document does not automatically notify the court that there is a change. You will need to formally inform the court of the correction by filing a specific motion or a form that explains what has been changed and why the revision was necessary.
Notify the Other Party of the Change
You must notify the other person in the divorce of the correction. Depending on what kind of error it was, it might be necessary for the other person to review the corrected documents and agree to the correction. This is usually necessary if there are changes in details related to child custody, dividing property, or financial-related matters.
Attend a Hearing (If Necessary)
A hearing might be necessary to explain the revision and have it approved by the court. This could be the case if the error is fairly significant or if you find the mistake after the court has already reviewed your divorce. In the hearing, a judge will consider the correction and hear your explanation of why it was needed. They may ask you to clarify further why the correction is necessary.
Wait for Court Approval
The court will review the change and then decide whether to accept it. If it is accepted, the revised document will replace the original document that had the error. If you catch the error early, and it’s not a complicated fix, the court will generally review and accept the revised document without difficulty.
Keep Copies of All Documents
If the revision is accepted, be sure to keep a copy of the amended document(s), as well as a copy of the original document with the error. Having a clear record of what happened will help if there are any misunderstandings in the future.
How to Correct an Omission Discovered During the Divorce Process
If you failed to submit required documents when you initially filed for divorce, then you will need to first file a motion with the court requesting permission to submit additional documents. This motion informs the court of your intention to add new information, outlines why the documents you wish to submit are important, and explains why the documents were not included with the original filing.
Gather all documents that were omitted and serve your spouse with a copy of the motion and the new documents. Then, if the court approves your motion, you can then file the additional documents with the court. The process is then the same as for correcting a factual error.
After the Divorce Is Finalized
Minor Errors
If a minor factual error is discovered after the divorce has been finalized, you can generally just request a simple correction from the court by filing a “motion to correct.” These types of corrections are usually quite straightforward, since they do not have any bearing on the terms of the divorce. The main reason to correct these would be to avoid any future complications in case of remarriage.
Major Errors
If the error affects key aspects of the divorce (division of assets, child custody, or spousal support), you may need to file a motion to reopen the case or a motion for reconsideration to correct the mistake. You would need to show that the error significantly impacts the fairness or legality of the original judgment. This could lead to additional hearings or a renegotiation of certain terms. You generally have 30 days from the date the divorce decree is signed to file a motion for a new trial or to amend or correct a substantive error in the judgment.
If the error is significant, and you believe the court made a legal error in the final judgment, you may appeal the decision. In Texas, you must file a notice of appeal within 30 days of the date the final decree is signed. If you filed a motion for a new trial or a motion to modify the judgment, the deadline extends to 90 days from the signing of the decree.
Fraud or Other Misrepresentation
If the error involves fraud, the concealing important information like hidden assets or wrong financial disclosure, or other forms of misrepresentation, Texas law allows you to file a motion to set aside the divorce decree. This is governed by Texas Rule of Civil Procedure 329, which provides a two-year statute of limitations from the date the fraud was discovered or could have reasonably been discovered. If the error is proven, it could result in reopening the divorce case to correct the issue.
For cases involving extrinsic fraud (fraud that prevents you from fully participating in the case), the two-year limitation may not apply, allowing you to reopen the case even after this period.
Preventing Errors in Divorce Paperwork
Double-Check All Documents
Review each document thoroughly before submitting it. Check for any mistakes in personal information. Make sure that all required forms are included. Confirm that all financial disclosures are accurate. If you discover an error, act quickly to correct it and notify all necessary parties.
Stay Organized
Stay organized throughout the process to help yourself avoid making mistakes. Keep track of important deadlines. Make sure you have all necessary documents. Stay in communication with your attorney. Create a checklist or use tools like calendars and folders to help you stay on top of tasks.
If you need assistance with correcting an error in your divorce paperwork, contact the Skillern Firm in Houston, TX. Our team of experienced divorce attorneys can help your case proceed smoothly and without costly mistakes.
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