Amending a divorce petition is sometimes necessary when the petition was not filled out correctly and contains errors. The courts have rules about how to correct these errors by amending the petition. Some examples of errors are incorrect box checked or not checked, incorrect spelling of a name, or incorrect dates. There may be other errors.These are some of the rules for amending a Divorce petition:
1. If the spouse has been served but did not respond, the courts allow that the petition can be amended one time and re-served.
2. If the spouse has been served and responds, then the petitioner would need a motion in order to amend the petition and re-serve.
3. If the parties are in agreement, the petition can be amended by a Marital Settlement Agreement or Stipulation that is signed and notarized by both parties.
Amending a petition can be complicated as there are many variables. It is best to call our law firm to request a consultation with the Attorney to determine the best remedy for your situation. We offer affordable, low flat fees for your consultation…so call us today!
Watch Legal Action Workshop’s video on how to amend a divorce petition below.