Everyone makes mistakes from time to time. While legal courts are run by professionals, these professionals are still only human. And, like all humans, they are perfectly capable of making errors. These errors can cause serious issues, especially when you are trying to resolve something as important as a divorce. So what happens if the divorce courts in Georgia make mistakes? What can you do if this mistake has led to negative consequences?
Examples of Court Mistakes During a Divorce
There are a number of different ways in which a family court might make a mistake during a trial or legal proceeding. Here are a few examples:
- Recording the wrong dates
- Typing the wrong names
- Calculating the wrong amounts
- Creating the wrong co-parenting schedule
These are generally known as “clerical errors” in the world of divorce law. It is important to note that while a judgment is typically final, Georgia courts have the authority to amend judgments in order to address clerical errors.
The Definition of Clerical Errors in Georgia
With all that said, clerical errors are strictly defined by courts in Georgia. The legislation specifically mentions mathematical mistakes, which might pertain to things like alimony calculations, child support calculations, income calculations, and so on. It might also involve calculations regarding time, such as the duration of the marriage or the specific date of separation. Numbers can make a real difference when it comes to the outcome of your divorce – and it is worth correcting clerical errors as soon as you become aware of them. It is even more important to act quickly because you may lose the opportunity to correct errors if you wait too long.
Modifying an Existing Agreement
If circumstances have changed since a judgment was issued, this will lead to a “modification” rather than a correction of a clerical issue. Note that modifications might also involve mathematical issues – such as the amount of income that a spouse earns. However, changing an agreement due to these changes involves a different process altogether. You must petition for a modification, and you must show that there has been a change in circumstance. This change must be notable in nature. In other words, you cannot modify your child support agreement if your spouse has received a 10-cent-per-hour raise.
Avoid Legal Fees With a Qualified Attorney
A qualified divorce attorney in Georgia can help you spot errors before they are finalized, allowing you to avoid the frustration and time-consuming nature of corrections and appeals. It’s best to work with an experienced lawyer from the very beginning.
Where Can I Find a Divorce Attorney in Georgia?
If you believe that the divorce courts in Georgia have made a serious mistake, it is worth getting in touch with an experienced divorce attorney. Choose Lankford & Moore Law to approach this situation with confidence and skill. We can help you file appeals, motions, and much more. Book your consultation today to determine the most appropriate course of action.