NJSBA Family Law Section

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  • 1.  amending the divorce complaint

    Posted 01-21-2022 04:12 PM
    Friends, 

    I normally handle simple uncontested divorces, so this questions is a little out of my knowledge. We just filed the divorce complaint on JEDS for our client, the Plaintiff. He is now calling our office asking to amend the facts in the complaint, claiming that he didn't have enough time to read it over and wants to change what was presented to the court. Mind you it was emailed to him three weeks ago and he reviewed in the office as well. 

    In any effect, the complaint has not be served yet - is there any way to make changes at this stage?

    Many thanks in advance, and happy weekend :)

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    Pooja Mehta Esq.
    Dalal & Mehta
    Iselin NJ
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  • 2.  RE: amending the divorce complaint

    Posted 01-21-2022 04:18 PM

    Pursuant to R. 4:9-1, you can amend a complaint at any time prior to service of the complaint as a matter of right without seeking leave of court. Just re-file a new complaint captioned "Amended Complaint".

     

    _____________________________________

    Brian G. Paul, Esq.

    Certified Matrimonial Law Attorney

    Co-Managing Partner

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    Szaferman, Lakind, Blumstein & Blader, P.C.

    101 Grovers Mill Road, Suite 200, Lawrenceville, New Jersey  08648

    Direct Dial: 609-200-1239 | Main:  609-275-0400 | Fax:  609-779-6065

    Email:  [email protected]

     




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  • 3.  RE: amending the divorce complaint

    Posted 01-21-2022 10:09 PM
    Just file an amended complaint on JEDS marked "Amended." When you get the filed version back, serve that one and not the first one.


    Leslie A. Farber, Attorney at Law
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    Original Message