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NYFamilyLawyer, Lawyer
Category: Family Law
Satisfied Customers: 562
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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I was served divorce papers and i found mistakes in the

Customer Question

i was served divorce papers and i found mistakes in the spelling of my last name on the summons and the incorrect amount of time of length of marriage on the petition. Do I respond to this or wait for the amended version? I live in California
Submitted: 3 months ago.
Category: Family Law
Expert:  NYFamilyLawyer replied 3 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney here.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Are you okay with rating me? I would really appreciate it!

Expert:  NYFamilyLawyer replied 3 months ago.

In California, as in other states, you must file a Response to an action for dissolution (divorce) within 30 days or risk being in default. If the other party takes your default, you may not be allowed to file documents or attend hearings in your case, and you could lose the chance to defend your action. The other party may be granted what they're asking for, so don't take that chance.

File a response, and you can deny the length of the marriage and the spelling, and note the correct version in your response. They are allowed to serve an amended petition one time without permission from the court.

These are mistakes, no doubt, but not of the severity that would make this subject to dismissal. Make sure you file your response. Then make sure to respond to the amended version at that time you are served, 30 days to respond again.

If you are doing this by yourself, consider getting an attorney unless you think you will be able to resovle this matter with your spouse in an amicable fashion.

If you would like, I can send you a list of family lawyers in your area. I cannot recommend any specific attorneys to you but I can send you a list and explain what to look for on the list. This way, you'll know not to pick an attorney who has a red mark of misconduct next to his or her name. If you are interested, please let me know what town or city you are near, generally a larger town or city, so that there will be enough family lawyers to choose from. This is at no extra charge to you. I do this for people who ask me questions so that I can point customers in the right direction.

Expert:  NYFamilyLawyer replied 3 months ago.

Does this help you and answer your question?

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Expert:  NYFamilyLawyer replied 3 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.


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