How do I modify the petition for divorce before it is finalized?

Mens divorce lawyerQuestion:

My original petition for divorce has been filed but the final divorce decree has not yet been signed.

I would like to adjust the amount of child support I asked for in the original petition. How do I do this?

Answer:

If you would like to change the amount of child support you are asking for in your divorce case, you should file an amended Petition for Divorce. An amended Petition adds or withdrawals matters from previous pleadings to correct or change it. The amended Petition will supersede, or rather take the place of, the prior Petition.

Under Texas Rule of Civil Procedure, Rule 63, an amended Petition can be filed without the court’s permission if it is done more than seven days prior to the Final Trial and does not cause surprise to the other side. If you plan to file the amended Petition for Divorce within seven days of trial or if the other side claims surprise, than you will need the permission of the court.

Once the amended Petition for Divorce is filed and it is unopposed than it will take the place of your original Petition for Divorce.

For more information please contact a Texas family law attorney. Please be advised that my answering of this question does not constitute an attorney-client relationship.

Cordell & Cordell has men’s divorce lawyers located in 18 states.

 

Jennifer Hankinson is a Staff Attorney in the Dallas, Texas office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Hankinson is licensed in the state of Texas. Ms. Hankinson received her bachelors’ degrees in both Finance and Political Science from Santa Clara University in Santa Clara, California. She later received her Juris Doctor from Gonzaga University School of Law in Spokane, Washington, where she graduated Cum Laude.  

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One comment on “How do I modify the petition for divorce before it is finalized?

    I had filed the petition to get divorced but I put the wrong year of our marriage how do I go by fixing that. I was told that you have to file an amendment and I also told that I didn’t need to.

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