Q: Can I file a motion to amend divorce petition to add facts relating to false accusations of DV?
I filed for divorce. My “wife” accused me of domestic violence and I was unable to see my son for 7 months. She also took out a civil injunction against me while I still had the ankle monitor. She filed the civil injunction the same day of hearing I had on motion to amend pretrial conditions (basically motion to get me off house arrest so I could work and give my son child support). She’s been abusing the judicial system with the sole purpose of alienating me from my son. I recently requested records from the SOA regarding my case (which was dismissed) and received a memo from the SOA stating the case was dropped for inconsistencies and credibility issues. I want to amend my petition but I know Opposing Counsel is going to flip out even though in their answer the stated that “[I] Husband had abused the Wife and should therefore be granted sole parental responsibility, no time sharing”. Thoughts?
A: That may be a good idea but you should probably hire an attorney to draft this request and the amended petition for you.
1 user found this answer helpful
A:
Yes. If you spouse has filed an Answer to your Petition, you would need to file a Motion to Amend the Petition and set it for a hearing before the court. Most courts will grant the motion and allow you to amend your petition.
You should consult with an attorney to explore all options available to you.
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