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I filed for divorce and I filed without children when I

Customer Question
needed to file with children...
I filed for divorce and I filed without children when I needed to file with children. well they used a DM case number. when I went for custody she told me I had to amend my pleading. do I re file an a motion or re file all my papers
Submitted: 8 months ago.Category: Family Law
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1/9/2018
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,519
Experience: Over 30 years of experience.
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 8 months ago
Alright thank you
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

You will redo the forms but title the Complaint "First Amended Complaint." You will have to serve the Amended complaint but you will be able to do that by mail if you obtained good service with your first complaint. You will refile the new papers as you did the first time.

Also see here for forms you may need:

http://www.divorcesource.com/ds/michigan/michigan-divorce-forms-109.shtml

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 8 months ago
i have to file my divorce all over again??
Customer reply replied 8 months ago
What about the custody motion.
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

Yes, you have to refile the Divorce complaint. The Custody Motion should not need to be refiled.

You should not have to pay the filing fee again.

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Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

The original filing date is still good for counting the time frame before the divorce can be granted (6 months with children).

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Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

This resource may be of help to you in navigating the divorce process in Michigan.

https://michiganlegalhelp.org/self-help-tools/family/introduction-divorce-minor-children#

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 8 months ago
We are actually being civil and want to waive that so they put our dovorce date 2 month s out.
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

Excellent. The more that you can agree the easier, faster, and less expensive the process will be. It is also much less difficult for the kids when you can work together.

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Customer reply replied 8 months ago
Would me filing this again mess our date and case number.
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

NO. You keep the same case number ***** the original filing date. You are merely makingcertain changes to the original filing. That is why it is called an Amended Complaint. The fist one is stillin the record and the docket.

This is very typical in cases. It happens all the time. The Courts keep a complete record of each filing and do not want to mix them up. So when a change is made you simply file an Amended paper.

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Customer reply replied 8 months ago
i take the complaint and summons divorce and just right amendment of complaint. Or is there a certain form. Im sorry this is all a process
Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

Yes. It is a process. But if you take it one step at a time it will work out. and it will get easier as you get use to it.

In essence you are correct. You are redoing the papers but are correcting the sections where you indicated there were no children.

Here are step by step directions for the Amended complaint:

https://www.divorcewriter.com/how-to-amend-divorce-papers.aspx

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Family Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

But you are correct you take your original Document you write

"First Amended Complaint" where it said "Complaint."

You work your way through the document correcting any errors. Change the word Complaint in the document to First Amended Complaint and then file it.

The reason you say First Amended Complaint is in case you have to do this again for some reason. In that case you will have a "Second Amended Complaint.

I hope this clarifies.

I need to go offline for the night. If you have additional questions I will respond to them tomorrow. Thank you for your understanding and patience.

If you are satisfied please do not forget to rate me – click the five stars.

Kind regards,

Gerald

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