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  1. #1

    Default Errors on the Complaint Form

    My question involves divorce in the State of: New York

    My wife has filed for divorce and I am looking to either stall it or have it thrown out until she gets through court ordered rehab. The complaint is really a joke since, in New York there are limited grounds for filing. She based it on cruel and inhumane treatment over the fact that I was calling police and took her into family courts in order to get the substance abuse to stop. The complaint is an indicator of what a wreck she is. I immediately saw two mistakes. She has the date of the marriage two years later than it occurred and the city that she says that we were married in is wrong. Does this technicality mean anything?

    The complaint is also dated August 18 2008 yet, I was served on 27 December 2008. Since then, she has chosen to live estranged but she has spent the night on occasion and there has been sexual intercourse between us. What are the chances of my getting this thrown out for the time being. I am more concerned that she get treatment and demonstrate that she is making rational decisions, before I agree to any of this. The flip side is that I am also liable for her actions while married so, I am stuck between a rock and a hard place. I am trying to continue being her best friend even though she does not see it that way. I have custody of the children in this (if it matters) and she has very limited visitation. Please advise...

  2. #2
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    Default Re: Errors on the Complaint Form

    If you disagree with factual allegations on the complaint, you may deny them.

    If you are unable to understand the complaint due to errors, you can petition the court to order the complaint clarified.

    If errors in the pleadings deprive the court of jurisdiction, you can petition for dismissal, but if these are minor or technical errors you should expect the court to allow their correction.

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