Can I Amend (fix) my Petition or Complaint?

mistake

Question: Oh NO!  I failed to allege a fact or request a specific result in my Petition, can I fix it after it is filed???

Short Answer: Maybe.

If you made a mistake or did not fill out your Complaint or Petition correctly, you may be able to fix it before it is too late.  For example, in certain instances you are required to plead (make a statement in your initial Complaint or Petition) certain allegations if you want a specific result.  If you are unsure of the result you want, you may not get the result you need if it was never pled (alleged) in your Complaint or Petition.  The good news is, if you have already filed a Petition or Complaint, the Court may allow you to amend your Complaint or Petition.  Depending on when you have filed, if there has been an Answer filed, or if your matter is set for a trial.  The Florida Rules of Civil Procedure, Rule 1.190 (a) is the Rule that allows for Amendments.

Longer Answer:  The Florida Rules of Civil Procedure, Rule 1.190 (a) governs Amending your Complaint or Petition.

“A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served. Otherwise a party may amend a pleading only by leave of court or by written consent of the adverse party. If a party files a motion to amend a pleading, the party shall attach the proposed amended pleading to the motion. Leave of court shall be given freely when justice so requires. A party shall plead in response to an amended pleading within 1 0 days after service of the amended pleading unless the court otherwise orders.”

The Court is the judiciary where parties go to (hopefully) end their personal disputes.  The Court is the neutral ground, which makes its determination based on the allegations and evidence presented in each case.   Do not leave out critical allegations or certain requests in your initial Petition or Complaint.  If you realize you need to fix your Complaint, or if you are faced with a Motion to Dismiss, you can “ask” the Court through a “Motion for Leave of Court to Amend.”

If you do not understand your rights or what allegation you should allege, please seek the advice of an attorney who can help you with your matter.

I have just been served with divorce papers, what do I do?

Call an Attorney immediately!  Do not wait.  You only have a limited amount of time to reply or you could forfeit some of your rights.  You need to understand your rights and how this process will affect your family.  If your spouse has taken the steps to filing divorce papers they are very serious about getting a divorce.  Call me, a licensed family law attorney in your area at 239-233-0222.  I can help! Florida is a “no fault” state, which means the court will grant a divorce when the court finds that the marriage is irretrievably broken.  At least one spouse must testify about the state of the marriage.  Testimony of either spouse is sufficient proof to establish the requisite grounds even if the other spouse testifies the marriage may be reconciled.

Licensed Florida attorney serving areas in Hendry County: Labelle, Clewiston, Pioneer, Flaghole, Montura, Hooker’s Point. Serving areas in Glades County: Buckhead Ridge, Moore Haven, Lakeport, Palmdale, and Muse.  Serving areas in Lee County:  Alva, Buckingham, North Ft. Myers, Ft. Myers, and Bonita Springs.

Contact me at 239-233-0222

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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Outcome or results are not guaranteed. The information presented on this website is for advertising purposes only and should not be construed as legal advice. An attorney-client relationship will not be established until we have confirmed our representation of your case in writing.

 

What are the grounds for divorce in Florida?

WitnessStand2Florida is a no-fault divorce state, which means the court will grant a divorce when the court finds that the marriage is irretrievably broken.  At least one of the spouses must testify about the state of the marriage.  Testimony of either spouse is sufficient proof to establish the requisite grounds.

Licensed Florida attorney serving areas in Hendry County: Labelle, Clewiston, Pioneer, Flaghole, Montura, Hooker’s Point. Serving areas in Glades County: Buckhead Ridge, Moore Haven, Lakeport, Palmdale, and Muse.  Serving areas in Lee County:  Alva, Buckingham, North Ft. Myers, Ft. Myers, and Bonita Springs.

Contact me at 239-233-0222

****************************************

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Outcome or results are not guaranteed. The information presented on this website is for advertising purposes only and should not be construed as legal advice. An attorney-client relationship will not be established until we have confirmed our representation of your case in writing.