The opposing side is asking to amend or change something that is written in the Petition for Dissolution. This is usually due to an error or they have information that they did not have when it was filed. You can try to disagree but courts generally allow this type of motion.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
A Motion for Leave to Amend is used to request permission from the court to change something in the original petition. Often times this type of motion is used to fix errors or omissions within the paperwork. If the judge requires a hearing on the motion, more than likely that hearing will only address whether or not the other party is allowed to make whatever changes they are asking for.
Disclaimer: This is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. Additionally, my answering your question does not make me your attorney or create an attorney-client relationship. The response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
Amendments are to be freely granted. Do you have an attorney? If not get one, if you do, ask that person. To finalize this whole divorce proceeding usually takes sitting down with a mediator, both parties there, and negotiating the settlement.
A motion for leave to amend is when a party is asking for the Judge to change some or all of a petition.
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