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Can I change my Petition after I have filed

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microgirl23

Guest
What is the name of your state? Texas
Ok, bear with me on the long drawn out questions but there are lots of details I must include. My husband was imprisoned on 10/17/2001 I purchased a "Do It Yourself Kits" I thought he would sign, so after I prepared my papers I went down and filed my "Original Petition for Divorce" on May 14,2004. This petition states that "the respondent waives the issuance of a citation" (because it was supposed to be agreed) Now that it has been past my 60 days and he won't sign so I now find out that he has to be served a citation and then wait 20 days. Does it matter that the petition says "No service on Resp. is needed"? Am I allowed to change or reword the petition up after I have already filed it through the Dist. Clerk? or does it even matter that it says that and go ahead and have him legally served?
 


M

microgirl23

Guest
Original Vs. Ammended Petition

Texas
Ok, but my original was automatically printed out for me after I filled in my info. - that is why it said that no service was needed. So how do I know what the "Ammended Petition" is exactly supposed to say - Legally? I don't want to mess up anymore than what I already have by purchasing a DIY divorce but what can you do with no money? Does it even matter that the original states that? I mean if I send it to the Clerk (with the civil process request form) to have the citation prepared, will they still prepare it even though it says that? If there was anyway I could view a sample Original versus an Ammended to compare my papers and that way I could retype my petition myself. Also, so I have to go to the Clerk and refile like I did the orig. do I have to pay that big filing fee? and do I have to wait another 60 days after the ammended is filed before I can ask to finalize the divorce? I know these ?'s may be common sense but I could really use all the help I can get. I desparately want away from this man he has put me through hell, before he was locked up 3 yrs. ago, we do have 2 boys together - the only good out of it. I was very young and dumb to his manipulation - I was still a baby in high school. Again thanks for any help you can give. This is really getting me down.
 

JETX

Senior Member
"Ok, but my original was automatically printed out for me after I filled in my info. - that is why it said that no service was needed. So how do I know what the "Ammended Petition" is exactly supposed to say - Legally?"
*** What you are asking from this forum is clearly 'legal services', not advice. As such, the only real advice at this point is to see a qualified attorney in your area.
 
T

truedjrfan

Guest
i am not a attorney, but work in the field. always protect yourself. have the guy served, so he cannot come back later and cause you grief.
 

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