Q: Before filing my First Amended Petition for Divorce, do I need to file a Motion?
I'm in Dallas, TX and a Pro Se Respondent in a divorce case initiated by my wife in mid-March 2023. I filed an Answer of General Deniability and a Counter Petition before the deadline. We're past the 60 day cooling off period, both exchanged Initial Required Disclosures, and currently conducting discovery.
I would like to to file my First Amended Petition for Divorce to add specific grounds for divorce, requests for division of community property, request for postdivorce maintenance, and three requests for Temporary orders (concerning use of property, ordering Petitioner to provide a sworn inventory and appraisement, and interim attorney fees so I can hire an attorney to take over my case). No court date has been set for this case as we are still early on in the process.
I keep getting conflicting info but since I plan to efile and serve, do I need to first file a Motion to Amend so the Court approves the request or is a Motion not needed so can I just file the Amended Petition?
A: A motion is not needed but, since you are the Respondent, it should be your First Amended Counter-Petition for Divorce
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