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6 month period change for an amended FL-100?

Santa Clara, CA |

I missed 7h check on FL-100 I filed in March. The respondent was served and response to waive court was turned in by the respondent. I recently received a denied court clerk check list that stated I needed to check mark 7h on FL-100. I need to amend and submit. Does this change the cool down period from my initial petition?

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Attorney answers 1


File an Amended Petition. By that, I mean that in the box in the top section where it says "Dissolution of marriage, legal separation, nullity" - check the box that says "Amended."

If Respondent filed a Response, then you'll have to file an RFO (FL-300) asking for leave to amend the Petition. If Respondent has not, yet, filed a Response, then just file your Amended Petition.

This does not reset the "cooling down period."

Be clear that the "cooling down period" has no legal significance other that that your status cannot be terminated until 180 days have been passed from the day you served Respondent.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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