Can a verification problem be corrected after a divorce complaint is filed?
Published for On the Civil Side on May 29, 2015.
GS 50-8 requires verification for a complaint requesting a divorce. What can be done if the divorce complaint is filed without a verification or if the verification is faulty in some way? Must the complaint be dismissed and a new action instituted – requiring another payment of the substantial filing fee?
There is no appellate opinion answering this question in the context of a divorce proceeding, but there are cases indicating that verification problems in general can be fixed by filing an amended complaint.
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