How do you file a motion to amend a divorce agreement?


Quick Answer

Filing a motion to amend a divorce agreement involves preparing the motion, submitting it to the courts, and defending it as needed, states Legal Zoom. However, the procedure may vary from one court to another, depending on the state the motion is filed in.

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Full Answer

Preparing a motion to amend a divorce agreement involves recording the details that you failed to include in divorce papers that are pending before a court, notes Legal Zoom. For instance, the motion may seek to amend the divorce papers by adding details such as change of a child's custody or change of address. Filing the motion involves submitting it to a clerk of the court that is handling the divorce petition and serving a copy of the motion to the other party in the petition. In cases where the court has not yet received a response to the first petition from your spouse, it may be possible to file a divorce petition afresh, taking care to include the changes you want in the new petition.

Defending divorce amendment motion in court may only be necessary if your spouse rejects the motion, states Legal Zoom. In this case, the court schedules, and notifies you and your spouse about the hearing date. After the hearing, the court rules on the motion. If your spouse accepts the motion without any objection, inform the court of the agreement to avoid the hearing.

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