Does anyone know if it's too late for me to amend my Answer?!?

[Dee]

I really need some advice and fast, so I am posting this on all my blogs, web pages, etc. in hopes that someone can help me find out or tell me if it is too late to file an Amended Answer to the Complaint for Divorce.

I was served the Complaint for Divorce on February 3rd, 2009 and submitted my Answer to the Court on February 23rd, 2009. At this time we currently have a Status Hearing scheduled for the end of April.

I would like to know if I still have time to submit an Amended Answer so that I may request an Ex Parte Order for Status Quo as well as an Ex Parte Mutual Property Agreement?

The reason I ask is because my husband was the sole breadwinner in our marriage, taking on full responsibility for the length of our marriage (a little over two years) of all financial matters. As a result, since I was forced from the marital home, I have two very important bills which I cannot pay, which my husband had been paying, and is now refusing. These being the cellular bill, which I have two phones on now because my husband decided to go out and get a third phone in his name rather than using the one on my account that he had been since the time of our marriage. Also, there was a monthly payment that he was making toward tuition costs for me to take the Legal Secretary course, which I enrolled in after we married due to the fact that he needed me to prepare his legal paperwork so as to avoid hiring an attorney. Lastly, I want to prevent him from selling anything without my knowledge, as well as cashing out his retirement, which he has done a couple of times since we married in 2006.

If anyone could help answer this for me or point me in the right direction I would greatly appreciate it as I have torn the internet apart and can't find anything which answers this question.

Thanks in advance to those who reply, I REALLY appreciate it!!

~Dee~

[FAIR RULINGS]

Rule 2.108 Time

(C) Effect of Particular Motions and Amendments. When a motion or an amended 
pleading is filed, the time for pleading set in subrule (A) is altered as follows, unless 
a different time is set by the court: 
(1) If a motion under MCR 2.116 made before filing a responsive pleading is 
denied, the moving party must serve and file a responsive pleading within 21 
days after notice of the denial. However, if the moving party, within 21 days, 
files an application for leave to appeal from the order, the time is extended until 
21 days after the denial of the application unless the appellate court orders 
otherwise. 
(2) An order granting a motion under MCR 2.116 must set the time for service 
and filing of the amended pleading, if one is allowed. 
(3) The response to a supplemental pleading or to a pleading amended either 
as of right or by leave of court must be served and filed within the time 
remaining for response to the original pleading or within 21 days after service 
of the supplemental or amended pleading, whichever period is longer. 
(4) If the court has granted a motion for more definite statement, the 
responsive pleading must be served and filed within 21 days after the more 
definite statement is served. 
(D) Time for Service of Order to Show Cause. An order to show cause must set the 
time for service of the order and for the hearing, and may set the time for answer 
to the complaint or response to the motion on which the order is based.

[Dee]

Thanks Susan!

I'm going to check out that website right now. Who knows, maybe I will get lucky *fingers crossed*. :-D

Thanks again!

~Dee~

[Dee]

FAIR RULINGS- I tried to look up information on Amendments, but only found one thing, which was a statute and it made absolutely no sense whatsoever to me. lol! Someone else did tell me that there is no time frame, that it is up to the court if they accept it or not. So I think I'm going to go ahead with preparing an Amended Answer and submit it to the court since the worst that can happen is they deny it.

SUSAN- No, the bills were not in both our names as we weren't able to get them that way with the school, and the phone would have had to been transferred out of my name and into his, which would have required a security deposit. But I was under the impression that if an Order for Status Quo was submitted and granted that he would have to continue paying the bills since he was the one paying them the entire length of our marriage.

STUART SHOWALTER- Do you know if I have to file a motion to do this since it's a divorce? The reason I ask is because I handled all the legal paperwork for my husband with regards to his children (parenting time, child support, etc.) and we never had to file a motion to amend any answers.

Anyway... thank you all for the replies! I think I'm going to have to see if I can't find a local lawyer that will give me a free consultation because I cannot find work around here, plus not being able to drive anywhere makes it all the more difficult. It would be easier if I could find a job in a law firm, but I can't do that either because hubby has refused to pay anything towards tuition since I contested the divorce. That I need something paid toward ASAP or they're going to turn it over to collections.

I also know that he has gotten back taxes because he ran out and bought a new dog, which is funny for someone that cries poverty, and points out how hard it was to support and feed ME. LOL!

But thanks again, I appreciate the responses!!

~Dee~

[stuart showalter]

File a Motion for Leave to Amend Response to Complaint. Cite the reason you need to amend the complaint and ask for the Court to order that you amend your response within one week.

[FAIR RULINGS]

Your answer will be in the local rules of court for your state or similar written protocols. If you're answer was to form then note any rule listed on the form per time constraints and look that rule(s) up. It's my belief that you have plenty of time if you're hearing is at the end of April.