Legal Question in Family Law in California
If the date of marriage in the petition is wrong, what does this do to the proceedings of the divorce? Would new papers need to be filed and start the 6 month period again? Or could a motion or other ammendment be filed to correct the date? The mistake is by one day - completely unintentional and made during an emotional period. It is now 5 months after service was performed, and my spouse brought it to my attention. My spouse also did not answer the petition, the petition is moving forward in "default".
1 Answer from Attorneys
Unless some major financial event occurred such that the date would make the difference between some asset or debt belonging to the community or being the separate property or debt of one of you, it doesn't matter at all. If you want to make sure to dot your I's and cross your T's though, you can file an amended petition at any time before your spouse files a response, or you get a default, without court permission or any other proceeding. You will have to serve the spouse again, however. That minor amendment will not start a new clock on the six months.
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