I have a typo in my divorce petition. I have been granted a default 6 months later. When submitting the final judgement package, the court clerk found the typo and declined the submission. I then have to amend the petition. Will that restart the 6 month waiting period?
State/Country relating to question: California
Hello. My name is XXXXX XXXXX X will be happy to answer your question.No. As long as you waited your 6 months prior to filing your original petition you would not be subject to another 6 months waiting period when you file your amended final judgment of dissolution of marriage package.
As long as you waited your 6 months "prior" to filing your original petition.
How come it is prior to filing my original petition? I think you mean prior to my submission of final judgement, right? Can you cite any CCP code? And I would assume that this amendment won't affect my default, right? Any legal citation will be greatly appreciated.
It appears that you are seeking a specific legal advice, which I am prohibited from providing to JustAnswer.com customers.I will opt out and may be another expert can help you further.
will my question be automatically put back into the question pool again?
Yes it is back in the question pool.Thank you for using JustAnswer.com
how come nobody else answer my question?
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. Choosing either of the low two options reflects poorly on me (and not the law), and ensures that I receive no credit for my time in helping you, so please do not choose either of these options without first giving me the opportunity to address your concerns by clicking the "reply" tab. I appreciate your patience while we adjust to the new system.California law states that "no judgment of dissolution is final for the purpose of terminating the marriage relationship of the parties until six months have expired from the date of service of a copy of summons and petition or the date of appearance of the respondent, whichever occurs first." Cal. Fam. Code, Section 2339. So, the waiting period starts to run when your spouse is served with notice of the divorce. Unless the error somehow prevents your spouse from realizing that you were requesting a divorce (and I don't see how that would be possible), it should not affect your default, and you do not have to wait another six months. An Amended Complaint relates back to the date the initial complaint was filed, so it's as if it was filed on the same day. If you have any questions at all about what I've written, please click "continue conversation" or reply so that I may address them. It's important to me that you are 100% satisfied with the service I have provided you. Thank you.
Attorney with experience in family law.
The Code of Civil Procedure doesn't specifically mention how a typo would affect the waiting period. That's why I didn't mention it. There are some sections on when a judge can order someone to amend a complaint, but that doesn't specifically address your question, so I thought that giving you those code sections would just be more confusing. There are some hints to "relating back" (which is what it's called), but it isn't explicit, because what you're talking about is judge-made law. The relevant statute is the Family Code Section that states when the waiting period starts to run.If there were an obvious statute I could point to that would help, I'd be happy to give it, but this is one of those situations that unfortunately isn't directly addressed in the statutes. The doctrine was initially addressed by the California Supreme Court in Austin v. Massachusetts Bonding & Insurance Co., 56 Cal.2d 596 (1961). It's not a divorce case, but it does discuss how an amended complaint is considered to have been filed on the same day as the original.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).