Life is an incessant process of learning. It’s only natural for human beings to have a change of heart and flip-flop on our decisions and plans. And divorce is no exception.
It’s not uncommon for divorcing parties to amend their divorce papers to either stop the process of divorce or provide more information that you discovered after filing your original petition for divorce or simply include the facts that you forgot to mention but are relevant to your divorce.
Our Westlake Village divorce attorney explains that it is possible to amend and alter your divorce papers before the court issues its final divorce decree or before court proceedings begin.
But before we get to the meat and potatoes of amending your divorce papers, let’s make sure that you understand what divorce papers are comprised of. Divorce papers consist of a petition for divorce, which outlines your reasons for seeking to end your marriage, and a summons.
There can be many reasons for the amendment of divorce papers, from simply providing your new address to changing the terms of child custody or property division that you propose to the court.
Our divorce attorneys at Law Offices of Stephanie L. Mahdavi argue that it’s not uncommon for divorcing parties to agree on certain terms of their divorce, including spousal support, alimony, child support, property division, and other issues, among themselves and subsequently alter their divorce papers accordingly.
Let our Westlake Village divorce lawyer help you file a motion to amend your divorce petition in the court where you filed your original documents. The procedure of amending your divorce papers may change if your spouse has not responded to the original petition. In this case, you may be asked to file a new divorce petition.
When altering your divorce papers, it’s important to ask yourself this question: will your spouse agree to the amendment? This is vital because any amendment in a divorce petition will entail a court hearing between the two parties, which will most likely delay the deadline for the court divorce decree.
It’s highly advised to hire a divorce attorney to help you negotiate the amendment with your spouse (if you are not on speaking terms or there is no way you could agree to something without the help of a third party) in order to make sure the amendment will not be contested and your divorce will be finalized without interruptions and delays.
If your spouse refuses to agree to the proposed amendment, the court will set up a hearing to allow both you and your spouse to voice your position on the amendment. Both you and your spouse will be notified of the hearing date. Do note, however, that it’s not advised to attend the hearing with no legal representation, as this hearing could end in favor of your spouse.
Whatever is the reason for the amendment of divorce papers, you have every right to alter the papers as long as the amendment is not contested by your spouse. In this case, the court may not approve the amendment, which could ultimately negatively affect the outcome of your divorce.
Every divorce is a sensitive matter, but the legal process of dissolving the marriage can be an ugly process. That’s why it’s advised to hire a Westlake Village divorce attorney in order to minimize the risk of the court issuing an unfair divorce decree.
It’s not unheard of when one of the spouses is dissatisfied with the outcome of the divorce and chooses to modify the divorce judgment, which triggers an exhaustive and expensive legal process that can last for months or years, taking a toll on your physical, emotional and mental wellbeing.
In order to prevent all this, it’s vital to be legally represented by a skilled divorce attorney from the very beginning. Our attorneys at Law Offices of Stephanie L. Mahdavi will fight tooth and nail for you and your best interests with our aggressive and effective approach. We don’t take no for an answer!
Consult our lawyers today to get a free consultation about your particular case. Call our offices at 805-379-4550 or complete our contact form.