Q: I accidentally put the wrong date for date of legal separation. Can I modify that or do I have to refile?
I put 2012 instead of 2015 for our date of legal separation in california. Its exactly 3 years off. How do I go about changing it?
A: It depends. If your ex has already answered the pleadings and he or she put the proper date you need to do nothing. You can also amend the pleadings before your ex is served by simply preparing a new petition, putting the word "Amended" near the top of the paper, and refilling. You will need to serve the document, but if your ex has already been personally served, it can be done by mail. If, on the other hand, your ex has already been served and filed a Response, you will need to file a formal motion to amend the Petition before you can change the date.
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