Berkeley, CA asked in Divorce for California

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?

Related Topics:
1 Lawyer Answer
Gina Marie Famularo
Gina Marie Famularo
  • Corona, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.