Clerical-typing mistake change in divorce decree affects decree creation date Clerical-typing mistake change in divorce decree affects decree creation date

7 months ago

advocate name is written in First Party. Rest all things are fine in decree. Only advocate name's are exchanged.

So do we need to raise request for amendment in decree for exchanging Learned Advocate's name.

Also will that change decree creation date also if amendment is done.

Anik

Responded 7 months ago

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A.Dear Client,
Here are some steps you might consider:

Consult Your Attorney: Reach out to your attorney who handled the case or a legal expert familiar with your specific situation. They can provide guidance on the best course of action.

Prepare an Amendment Application: Your attorney will likely help you prepare an application for amending the decree. This application should clearly state the error in the decree (in this case, the exchange of advocate names) and provide the correct information.

File the Amendment Application: Submit the amendment application to the appropriate court that issued the decree. Ensure you follow the court's procedures for filing such applications, including any required fees.

Notice to Other Parties: Depending on your jurisdiction and the nature of the amendment, you may need to serve notice to the other parties involved in the case, including the opposing party and their advocate.

Court Decision: The court will review your amendment application and may schedule a hearing if necessary. If the court finds the amendment is warranted and does not affect the substance of the decree, it may approve the amendment.

Amended Decree: If the court approves the amendment, you will receive an amended decree with the correct advocate names. This should not change the original decree creation date, as it's only correcting a clerical error.
Thank you.
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Abhimanyu Shandilya

Responded 7 months ago

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A.Dear Client

Whatever is the discrepancy you must get it corrected to avoid any future issues. No amending the decree for clerical errors will not change the date of decree and you need to ask this to the court while requesting for the modification
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