My wife stepped out on our family and had an affair with another man, I filed for divorce we have 2 kids, initially on divorce petition I planned to stay in marital home but due to financial and childcare circumstances house was sold and I had to move back to my parents - if she does not file a response and defaults on initial petition that was served, can I request or add amendment to terms of original divorce petition reflecting these changes in a default judgement hearing?
You can amend your petition. Add whatever the additional allegations are to the the original petition (oddly, it will be called the Amended Original Petition) and file it before the default date. You will have to serve this amended petition on her because she has to have notice of the additional pleadings, and it will reset the default date to correspond with the 21 till Monday after the filing of the amendment.
It sounds like you really need a lawyer on this one.
P>S> I am a Texas lawyer, too.
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You can only get a default judgment on what has been served on her. So you have to amend the petition and then serve it again.
This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.
An amended petition must be reserved upon her. Can't believe she's going to let you default her where the children are concerned.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
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