Can I file a revised/second counter petition?

Divorce 3 views 3 answers
I filed a counter petition to my ex's petition. My ex has drug our case out for over a year and now the circumstances I based the things in my counter petition on have changed. Can I submit revised counter petition, or new petition, prior to attending mediation and/or court?

Attorney Answers

3
William Rosenfelt ·
Yes, however, if he has filed an Answer to your original counter-petition, you will more than likely have to obtain leave of court for permission to file the amended counterclaim. You would obtain that by filing a Motion for Leave of Court to File Amended Counter-Petition, and then state the reasons why (more or less). Good luck.
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Sabina Tomshinsky ·
You may, but if your spouse already answered your original counter-petition, you must file a motion for leave to amend your counter-petition and attach the proposed amended counter-petition with the motion and serve the same on your spouse. It would be prudent to consult with a family law attorney in your area for further guidance.
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