How And Why To Amend California Divorce Petition
Today we’re talking about what do you do if you need to change something on your petition.
And this is kind of a follow up to a video I literally just shot. When I turned off the camera I realized there’s more I wanted to say, so, I figured out just do another video.
Let’s assume that you fill out a petition, you file it, you serve it on your spouse and you want to change something.
Well, you have to fill a new petition, so an amended petition. Put on the changes that you are requesting and you have to re-serve it.
Again, it has to be done personally served again. And this can happen for a variety of reasons. I just had a case where the case was somewhat amicable.
We filed a petition for joint legal and joint physical custody and in moving forward things change between the parties and the party that filed decided they wanted a full legal and full physical custody as supposed to joint and the other party wasn’t responding they weren’t participating so the only thing you can do is amend your petition and that’s what we did.
So, here would be the steps.
Assuming you’ve already file your petition, it’s already been served. You have to file an amended petition and you have to re-serve it, personally serve it again.
And then you’re going to have to wait your thirty days again as well. That will set the new date. Every time you file a new petition and serve it. You have to give the other party thirty days to respond before you can move forward with your case.
Just keep that in mind if you do want to make changes and this is particularly is regarding default cases where there’s no agreement. The other party is not involved.
Because if you back to the other video I discussed, you can’t ask for anything other than what you asked for in the petition. So, if you want to change your mind you have to file a new petition and serve it so you can do that in your divorce.
Tim Blankenship, divorce661.com.
We have hundreds of videos, we’re on YouTube, we have enough podcast on iTunes at divorce master radio and call me direct, I’d be happy to give you free consultation. We can help you with your divorce anywhere in California. 664-281-0266.
