Friday, September 19, 2008

Waiting Period in an Amended Petition

Dear Famularo & Associates Hello, I have been reading the information your website has to offer, but I am unable to get an answer there. So, I am writing to find an answer tothis... I filed my divorce in March of 2008... the respondant was served 5 days later. My husband did not respond within 30 days, and then I filed and re-served him with an Amended Petition for a divorce. My question is this... I know there is a required waiting period of six months. Is my final date six months after original service or does my waiting period STARTED OVER again from the time I re-served him with the Amended Petition? Thank you, E.J. in Murrieta Dear E.J. Unfortunately, once you file and serve the Amended Petition, it is as though the original Petition was never filed. Thus, your waiting period starts over again from the time the Amended Petition is served. -- Famularo & Associates