Helped my friend today file for her divorce. We filed the Complaint and Summons for the divorce. Her estranged husband is in federal custody and is due to be sentenced today (4/14/09). She has been told that he will be deported once he serves his time for drug charges. There are three minor children born of the relationship. They have been separated for nearly two years (10 months of which he has been in federal custody). There are three issues for her to deal with. Obtaining an Absolute Divorce, Custody of the minor children and ED of real property. The complaint that was filed only covers the Absolute Divorce. We need to amend the complaint to include the ED. She does not have the money for an attorney. The questions is can she file another complaint (i.e. complaint for ED), or does she need to do a motion to amend the original complaint.
She can file an amended complaint which includes ED, or she may file a motion in the cause for equitable distribution.