How Do You Amend a Petition in Your Divorce?

March 27, 2024 | By Doppelt and Forney
How Do You Amend a Petition in Your Divorce?

When we are talking about the matters of divorce, legal separation, or paternity under the laws of San Diego County, California, one thing that may arise is having to change the petition. It is very important to review the petition [and all legal pleadings you will sign as well as those you are submitting to the Court and/or Opposing Party] very carefully.

Once a pleading is filed, then it is part of your family law file. There are some issues in the matters of dissolution and legal separation in San Diego, where the San Diego Superior Court is asked for relief for filing a petition in which there is a request to change. This procedure is called “amending the petition. In order to file a petition in San Diego, one or both of the parties must meet the jurisdictional requirements. For a divorce, the jurisdictional requirements are residency in the State of California for at least six months [180 days] and residency in San Diego County for at least three months [90 days].

For a married couple that has not lived together for six months in California and three months in San Diego County, either the husband and wife are eligible for filing a legal separation. The jurisdiction also can become complicated since some issues, such as the legal status of divorce, may be in one state while the custody and visitation is in another state.

The Law Office of Doppelt and Forney, APLC can assist you with the legal analysis for both filing petitions and amending petitions if necessary. A free in-person or virtual consultation can be scheduled by calling 800-769-4748. Your consultation will be with a licensed California attorney.

The cases in which a husband or wife files an amended petition are possible mistakes in the petition or to make a change in the date of separation or marriage. Usually, these cases don’t happen, and such requirements are not needed; however, no one knows that when someone might need such formalities and legalities, so it is important to have these pleadings entirely correct.

In San Diego, different law sections deal with family law matters. As a matter of right, the Code of Civil Procedure Section 472 grants permission and allows a one-time amendment to be made for a petition pertaining to a legal separation or a divorce case. It can be easily done without many requirements. In more detail, any pleading may be amended [once] by the party of course, and without costs, at any time before the answer or demurrer is filed. If after the answer is filed, then the procedure becomes more complicated.

As long as a response is not filed, there is no need for a leave of court, and the petition for legal separation or divorce can be amended by having the amended pleading filed and serving the opposing party with a copy of it. Leave of court to amend a petition after the response has been filed. There are different ways in which one can make a request to amend the petition. First, this can be by agreement. Second, this could be by noticed motion and then a court hearing. The Judge has the discretion to grant or deny the request to amend.

Doppelt and Forney San Diego Divorce Lawyers, along with their vast knowledge, experience and expertise in dealing with such cases, aim at providing proper consultation to their clients who approach them with such legal affairs. They have the proper knowledge about the procedure of making an amendment in a petition and what are the legal formalities that must be dealt with while making an amendment in a petition. Moreover, they can also take care of all the legalities and documentation for you, and you are offered a free in-person or virtual consultation with them. Rest assured, you can trust them with the procedure of amending a petition as well as all other aspects of family law.

Family law cases, in San Diego, can be very complex. Amending a petition is one issue which can become complex. Other issue may include business valuations of a company either started during [or before] marriage. Tracing of funds which were used for community purposes also can become complicated.

For example, if a down payment on a residence purchased during marriage used separate property funds {from either or both spouses} then the spouse who uses their separate property can ask for a reimbursement in the final division of that asset. This can get much more complicated if, for example, a house was purchased during marriage and then sold during marriage and another house purchased with funds from the sale of the first house purchased during marriage. There are many other complex issues which an attorney can assist with in the legal analyzation and obtaining of goals.

Doppelt and Forney, APLC can assist you also with experts, such as Forensic CPA’s and others, as needed.