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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37772
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am currently divorcing and have completed the petition

Customer Question

i am currently divorcing and have completed the petition for divorce based upon a 2 year separation. i had to amend the form once before as some of the details were incorrect. i did this in red pen and wrote 'amended' on the first page. This was accepted. However the court is now asking me to change the name of the respondent in section 2 to correspond with the name on the marriage certificate. Should i make this change in red pen again? and do i then write 'amended' again on the first page?
Submitted: 1 year ago via LawDepot.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

As a rule, and while the court may have accepted your red pen insertion, that is not a proper manner of amending a petition.

If you utilize this manner of amending the document a second time, it may well not be recognized by the court.

What you need to do now is draft a whole new petition and entitled it "Second Amended......". Be sure to include both the changes from your first amendment as well as correct the name of your spouse, and then file that document with the court--being sure to serve it on the other party as well. Each amended petition must be served on the other side so that the document they have been served with is an exact duplicate of the document in the court's file..

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,