California Divorce | Amending Petition Will Set Aside Default
Today, we’re talking about default cases and when you amend your petition and the effect that has on your Divorce case.
So let me set up the scenario for you. Let’s assume we filed your Divorce and you served your Divorce case on the other party and you actually filed the default, a request in or default and the default was entered.
The effect of that obviously, is you kind of kick the other party on the case, and they can no longer respond unless they request to set aside or there are some other things they can do.
But for purposes of this video we wanted to let you know is, if you have filed the petition, it’s been served and you submit your request in to default and the default’s entered, if you amend your petition for whatever reason and I’ll give you scenario on why you might want to do that.
But if you amend your petition and file and you amend the petition, it removes that default from that case.
So in the past what we had to do if a default was entered, we had to have the respond into the other party filed a request to set aside the default and then once that occurs they can file their response.
But if the party’s are in agreement, and let’s say the default was entered but now you want to have an uncontested case or maybe the other party wants to get involved now, all you have to do is amend the petition, re-file it and reserve it.
And that will effectively remove the default from being part of the case so then the other party can respond where you guys can enter into what’s called a hybrid or a default with agreement type case.
So just keep that in mind. One thing to watch out for is if you once you make changes. So let’s assume you filed your petition and you ask for certain things and then you change your mind.
You’ll have to re-file and amend the petition which will remove that default and give the other party an opportunity to response. You got to be careful depending on which way you’ll do that.
So I just want to share that with folks. It’s something that we’ve roughly recently learned because we had a client who we are trying to do a set aside of the default.
We noticed in the case summary that an amended petition had been filed and served. So we just went in on with a response and they accepted the response despite being a requesting default entered on the case because once they amended the petition, it opened up the doors for the 30 day response window again.
So that’s the effectiveness of that. I’ll be happy to help you with your Divorce case anywhere in California.
We are a full service, so, we’ll take of everything for you with the courts. You can go on with your lives, 661-281-0266.
Feel free to give me a call. Thank you so much.