Sometimes after you file divorce, you discover you need to change or correct your Petition for Dissolution of Marriage. Usually, you must amend a divorce petition because there was a mistake in the original filing. Sometimes a person amends the petition to change the case from divorce to legal separation or vis versa. This is not unusual, but it is important you handle the process correctly. Fortunately, you usually don’t need a lawyer to amend a divorce petition. A People’s Choice can help you throughout your divorce process, even if you need to make changes.
Read on to learn more about how to amend a divorce petition.
Why Amend a Divorce Petition
In order to file for divorce in California, a spouse must file a Petition for Dissolution of Marriage. Sometimes, you may have to modify the information in the petition. For example, you may need to change the petition because of an incorrect date of separation or date of marriage. On the other hand, you may need to change details about community or separate property, debts, child custody and visitation or support. In all of these cases, you might need to amend your petition. However, not all cases require the same forms. That is where A People’s Choice can help.
For example, if the parties cannot agree on the division of community property, you may need to amend it to include FL-160, Community and Quasi-Community Property Declaration. This amendment allows a spouse to make specific requests to the court on how to divide the property. You might also need an amendment if you simply made a mistake on the original filing.
How to Amend Your Divorce Petition
A petitioner has the right to file an amended petition one time without asking for court permission. In other words, if you have already filed for divorce in California, you can amend your petition by filling out another FL-100 form. Of course, when you fill out the form, you must check the “AMENDED” box in the heading section of the petition on the first page.
Next, address the details in the form. The amended Petition will revise all information in the original Petition that was wrong or requires change. For example, you may have originally included separate property in your list of community property assets. As an illustration, if you listed separate property items as community property on the original petition, simply remove and reclassify those items. On the other hand, If an incorrect date of marriage was on the form, change it to the correct date. If you are modifying the type of custody you want, mark the correct box to reflect the new details.
Finally, you must file your amended petition with the court. Keep in mind, you must also complete a new Summons on Amended Petition. After you file the amended documents, you must serve your amended petition on your spouse. As with the original Petition, get the help of someone 18 years or older and not a party to the case to serve the papers.
Amending a Divorce Petition by Motion
Have you filed an amended Petition previously? If so, and you need to change it again, you must ask the court for permission before you can file a second Petition amendment. This request is formally made by preparing a motion. The court will also set a hearing on your motion. In the event you must file this type of motion, amending a divorce petition becomes a bit more complicated. Don’t worry though. A People’s Choice has helped many people file these types of proceedings.
Keeping the Process Simple
If your divorce petition has a mistake, or you need to change or make additional requests to the court, contact us to amend your divorce petition. Keep in mind, at A People’s Choice, we can help amend a divorce petition as well as complete your divorce process for a flat fee. If you need to file a motion to amend a divorce petition, we can prepare the documents and set the hearing, We can even help you serve your spouse with the amended papers. A People’s Choice offers full-service divorce document preparation. In other words, we prepare all the forms you need to complete your California divorce and include complimentary case management help. If you and your spouse agree, we can prepare a marital settlement agreement for you both to sign. Help is just a phone call away. Call us today at 805-648-5540.
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Need to amend my divorce petition to correct separation date and it was rejected because the other party responded. Clerk says I need a LEAVE OF STAY
Hello Angelica, Our office does not currently assist with that process. You could try avvo.com for assistance.