Legal Question in Family Law in Virginia
Where can I find an example ''Order for Leave to Amend Bill of Complaint''?
I purchased a divorce forms kits and used it to open my no-fault divorce case. Unfortunately, the forms submitted neglected a few details required by the Arlington County Circuit Court, and my request for an Ore Tenus hearing was denied and I was told I needed to make changes to the documents and submit them along with an ''Order for Leave to Amend your Bill of Complaint.'' The problem is, I can't find any examples of this kind of document to follow, online or elsewhere. I don't want to abandon all the work I've done so far and start over, but I'm not sure who to contact to help me with this document. Besides going through hundreds of court case files, where can I find an example of this document I can use as a template?
1 Answer from Attorneys
Re: Where can I find an example ''Order for Leave to Amend Bill of Complaint''?
ORDER TO AMEND BILL OF COMPLAINT
Forms for domestic cases in Virginia are contained in any number of manuals printed by the Virginia State Bar but there is no magic to it. The 1uestion is why you want to amend it. You must obtain leave if Court to amend a Bill of Complaint so start there.
Generally all pleadings are headed like this - called the STYLE of a case:
V I R G I N I A:
IN THE CIRCUIT COURT FOR THE COUNTY OF ___________
PETITIONER,
V. Case No. _______
RESPONDENT.
MOTION TO AMEND BILL OF COMPLANT
COMES NOW the Petitioner (either pro se (by yourself) or through counsel) and moves this Honorable Court to Amend the Bill of Complaint. In support whereof petitioner states:
1. Reason to amend or what you want to add and why.
WHEREFORE, petitioner moves that this Court grant leave for Petitioner to Amend the Bill of Complaint consistent with this Motion.
Respectfully Submitted
PETITIONER
Certificate
I certify that I sent a true and exact copy of this Motion to the Respondent (or his attorney) at (ADDRESS) on this the ___ day of ______ 2004.
SIGNATURE
You also must prepare an Order that the Court can sign:
SAME STYLE OF CASE
ORDER
Upon motion made to amend the Bill of Complaint and finding good cause to do so, the Motion is Grated and Petitioner is directed to file Amended Bill of Complaint within 30 days of this date.
ENTER: / /
____________________
Judge
Prepare these documents and mail the Motion and Order to the Clerk of the Circuit Court where the divorce is filed and make sure you send copies of everythng to the other side or their attorney.
Good luck.