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Amended divorce petition?
Anonymous3 views3 answers
Ok, so I recently (with the help of my local self-help center) filed my divorce papers, and served them on my husband. We are in agreement to come to an stipulation after the 30 days have elapsed.
However, the individual made some mistakes, specifically the spelling of our names on the summons and and all the other papers. Do I have to refile? And do I have to use personal service for amending the docs?
You should prepare an Amended Petition and a Summons on Amended Petition (and any other documents needed) containing the correctly spelled names, and file them before your husband files his Response. You get to amend the Petition one time before the Response is filed, without having to file a Motion (or RFO) to allow amendment. The amended documents should be personally served on your husband, unless he is willing to accept service by mail and sign and return an accompanying Noitce and Acknowledgment of Receipt. The service by mail will need to be done by someone other than you, over the age of 18.
Manuel Alzamora JuarezCar / Auto Accident LawyerBerkeley, CA ·
I agree with both of my colleagues. Amend before your husband responds. If he does respond before you serve him, no problem, just ask the Court via a Request for Order ( RFO) to allow you to amend your petition with the correct names. Make sure you serve your husband is served personally. You can also agree for him to be serve by mail, but he has to sign the acknowledgment of receipt by mail and you have to file it with the court. Best of luck.
