Tagged: Adultery divorce
On August 17th of 2017 I filed for divorce from my wife. The original suit was based on adultery (non-contested). During the process the court ruled on child custody, and our community property was dissolved; however the divorce was denied. I was advised by the court to seek to amend the suit to a form 103.
I am currently filling in the form 103(with children), but I am encountering a few problems since the court has previously ruled on custody and community property. Sections 8 and 9 of the form have to do with custody & CP. Can I just put N/A in the available options and include a note that the court has already made rulings on these?
Also in the “Verification” section that is to be signed before the notary; there is a portion that states, “Furthermore, that there are no existing prior custody decrees involving the
mentioned child(ren) in this state or any other state.”
Can I just put a line through this section and initial it?
How can I remedy these issues? Is there any other steps that I would have to take that would be necessary to alter the form? Any information would be greatly appreciated.
Not sure I understand. You would normally include a certified copy of prior rulings regarding ancillary matters like custody and support. This is often the case even though the rulings are in the record because the record may not be immediately available for the judge or clerk to review.
I assume the divorce was denied for lack of sufficient evidence as to adultery. Is that correct?
PS: Is the 102 being filed in the same case? That is, is the new petition going to amend what has already been done?
Yes. The adultery was denied for lack of evidence. The 103 is specifically for the divorce since the other issues have been ruled on. My questions are concerning how to complete the 103 properly in light of that fact.
So I Can write N/A in sections 8 & 9 and include a note along with a copy of the previous rulings?
Also if I was not clear, the form 103 has a “verification” section that I will have to get notarized. It includes a statement that says, “there has been no prior custody rulings”. I was asking if I could cross that out and initial it? I can’t sign it as is since there has been a prior ruling.
Im just wondering if it would be an acceptable practice to cross that part out and initial it? Or there another acceptable way to remove that statement from the document? (I could not alter the PDF)
I think I would just put “Other than those ruling of this Court which are attached.”