Legal Question in Family Law in California
amending petition
Can I amend my dissolution petition after I have entered my spouses default but before hearing or judgment?
Asked on 4/07/09, 1:26 pm
2 Answers from Attorneys
Colin Greene
Russakow, Greene & Tan, LLP
Re: amending petition
Yes.
Answered on 4/07/09, 2:16 pm
Lyle Johnson
Bedi and Johnson Attorneys at Law
Re: amending petition
I disagree with Mr. Greene. Once the default is entered you cannot amend the petition unless you are able to get the default set aside. The amended petition would then have to be served on the respondent. A default judgment cannot request any condition that is not requested in the petition.
Answered on 4/08/09, 2:42 am
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