I filed a motion for leave to amend my divorce petition and my spouse and her attorney responded.
I am most concerned about the language in their response: “Respondent requests that the Motion To Amend be denied and judgment be entered on the terms set forth in the original Petition.”
Is her attorney following the correct procedures to ask for this and what is the likelihood the Judge will force the decree?
Also, it is going on 4 weeks and haven’t heard anything from the court. Is there anything I can do to expedite pushing this through? My amended petition is necessary in order to prevent a significant inequality not known before discovery.
Thank you for your help.
I understand your anxiety, but as previous answers explained, it is very unlikely a decree will be entered without an evidentiary hearing. Amendment is freely granted when necessary to the administration of fairness. There is nothing you can do to accelerate the court’s decision. The court may take up to sixty days and it might use the full period allowed considering the holiday schedule. Continue to closely monitor your docket in case any further action is requested from you.
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