How to Amend a Divorce Petition
A petition is a court filing that starts the process of divorce between two spouses. It is filed by one spouse and responded by the other and finally the matter is settled with an agreement by both parties with divorce actually taking place. The matter however does not end at the time both parties are divorced from each other, it involves division of all assets shared by them and also an agreement to the terms of children custody.
The agreement reached at the time of the divorce is not final, as it can be changed or amended with the change of circumstances of one spouse, particularly father. It father is made responsible of bearing child’s food or education expense, he needs to fulfill that. However, the amount agreed at the time of the divorce to as an compensation for the expense can be amended or changed at any time, if father starts earning better.
It is the process that has to be done in a complete agreement from both sides. If you as a mother wish to increase the money that your ex-husband has been contributing towards the child expense, you should discuss the matter with him beforehand and if he agrees then you can proceed with the amendment. The agreement between the two parties is necessary before legal approval of the amendment.
Instructions
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1
Discuss and Agree Amendments
It is necessary that both parties should discuss and agree the amendments they want or any one of them wants to seek into the petition, which was filed to initiate process of the divorce at first place. With disapproval of even one side is not acceptable before introducing the amendment. -
2
Prepare Brief Draft of Amendments
Once both parties agree to an amendment or amendments they want into the divorce petition, it is better to prepare a draft of proposed changes. It can be done by the party who proposes the amendments. -
3
Involve Attorney
After an agreement is reached between the two parties on the amendments and a rough draft is ready, one party can call the attorney and discuss the matter. The attorney can then consider legal process of the amendments and initiate it. -
4
Filing For Amendments
After your lawyer or attorney initiates the process of bring in amendments into the petition, you will be required to fill out a motion and file it before the court to get the changes introduced to the petition. This is how the process is completed.
