Divorce Guide

Divorce Guide

Amended Divorce Petition

Divorce petition also known as original petition of divorce in some states is an important document required for getting divorced. It is a request made by the parties to the court for granting divorce. Once you file the petition and feel that changes are need to be made, the forms are then called amended petition. To file for amended divorce petition, there are certain documents which spouses should carry at the time of hearing. To make the amending process simpler, make sure both the parties agree with the changes to be made in divorce terms.

Factors to be considered for Amending the Divorce Petition

Law : Make a good research on the laws of your state that are to be used for amended divorce petition. A petition is a pleading. The laws of each state vary, but most of the states follow the civil procedure’s federal rule that allows you to amend the petition as long as your spouse has not filed an answer yet. If an answer has been filed, then the court will set a hearing for determining if you can amend the petition.

Documents : File the motion along with an amended petition. The motion is a request to the court to grant you to amend the petition. The amended divorce petition includes the changes you wanted to make in the original petition. Prepare both documents, and file them with the court. You have to serve one copy to your spouse as well.

Hearing : During the hearing, the judge will take into consideration things which you want to change and whether those changes are unfair for the respondent by any way. If your spouse does not raise any objection in your amendment, then you can get the judge's approval easily. If the amendment includes lots of changes after the spouse has filed the answer, then the judge will reject the amendment.

A divorce petition, also known as divorce papers, is then served to the other spouse. The petition is necessary to start the divorce process. In most of the states, petition form is same though the state laws vary. It contains issues like alimony, debt payment, property, assets to be divided and child custody terms. Mostly, these family issues require changes.

Process of Making Amended Divorce Petition:

  • Enter in an agreement with your spouse. Before hiring a lawyer, make sure you have listed all the terms you want to amend. Discuss the changes with your spouse on phone or personally.
  • Make the changes in simple and understandable language. If possible, get the signature of your spouse on the documents. Note that it is always safe to go with the process once your spouse agrees.
  • Consult your lawyer and explain him/her exactly what the modifications are and why you want to make them. Your lawyer should be involved throughout the process to guide you well.

Finish up the required motions for changing the petition and file it in the court.

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