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Wrong dates on Response to Divorce Petition

Discussion in 'Divorce, Separation, Annulment' started by just_the_Facts, Mar 9, 2010.

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  1. just_the_Facts

    just_the_Facts Law Topic Starter New Member

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    I filled out the p/work for a divorce on grounds of abandonment on January 28 and it was filed in the Circuit Clerk’s Office on the 29th of January. Since I did not know where my wife was/had no address for her it came out in the February 23, 2010 edition of our local newspaper. (not at all sure why it took so long to come out in paper).
    When I received answer to Petition my wife had dated it January 10, 2010. The part for the Notary says: “This verification was sworn to or affirmed before me on the 10th day of January, 2010.” (Where the date is filled in looks like my wife’s writing also). Her court appointed Attorney statement at the bottom of the verification page states: "I mailed my answer to Divorce Petition by first class USPS, postage paid to: (my attorney) at the adress of her office on the ___ day of ___, 2010. He signs at the bottom and out to the right of his signature the place for the date is ALSO blank. In other words he puts no date on the paperwork at all.

    The financial portion of the Response is verified by the Notary on “the 26th day of January.
    Can anyone tell me how all this could happen and more importantly why?
    The only reason that I can come up with is that my wife is here on a K3Spousal/Fiance Visa and it may have something to do with Immigration. Does it make any difference?
    I went to the Circuit Clerk’s office to show them the discrepancies and they told me to “bring it up to the judge.”
    Is this what I should really do is just go to the Hearing and let the Judge know about it OR should I refuse to go through with the divorce because something illegal might be going on?
    I do have an attorney but they seem very nonchalant about it. My attorney simply mailed the response to me but never even mentioned the wrong dates.
    I really don’t understand what is going on here but it does seem WRONG.
    I would very much appreciate some advice in this matter and I Thank-You in advance.
    Just the Facts
     
  2. army judge

    army judge Super Moderator

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    You could contact immigration authorities and inform them of her actions.

    She might be trying to retain her right to stay in the country.

    When you divorce her, she no doubt could be evicted.

    But, that is her problem.

    See what immigration has to say and ask them what it might mean.

    They have seen things like this before.

    Then do as the clerk said, tell the judge.

    Also, write a letter to your lawyer about this, and copy immigration on it.

    Mail the letter and take a copy when you visit immigration.


    Sent from my iPhone using Tapatalk
     
  3. just_the_Facts

    just_the_Facts Law Topic Starter New Member

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    army judge,
    Thank-You for your quick response and the helpful information.
    In fact I did let immigration know about this. About 2 weeks ago I received
    a letter from Immigration (the main office of INS) stating that she had been granted citizenship. At that time I made an appt and yesterday I saw the Immigration Officer.
    The officer said that something must be wrong because when she checked she said there were no 'additional' (beyond K3) Petitions. She looked into it and said that it did not make sense to her why Immigration would send this letter to me.
    So she made copies of everything and said she would send them to the applicable
    service center.
    My Attorney knows about the paperwork being misdated -- she was the 1st person I asked about it but again, she did not seem to be concerned in the slightest, mainly I feel because maybe she is thinking I would want a divorce from this woman regarless of all the facts being correct... but I do care more about it than just the end result. I do not under any circumstances want to make it possible for her to stay in country by falsifying information.
    Do you feel it would be ok to write the judge a letter to inform her about this now?
    Also with a hearing date set for early April is it possible to 'cancel it.?'
    Thank-You
     

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