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An amended Petition is the same as the regular Petition (FL-100). You just check the box that says ?Amended? on page 1 that is located in the caption section of the Petition. If you file an Amended Petition, you don't need to pay another filing fee.
There are two ways a divorce judgment can be changed which are by: Appealing the judgment to a California District Court of Appeals. Filing a motion to modify the terms of the agreement with the court where the original judgment was filed.
To change a divorce order, you need to file a motion. But keep in mind that there are limits to how a divorce order can be changed. For example, the judge has to base decisions regarding parental responsibilities on the best interests of the child. You should file your motion as soon as possible.
?Amendment of pleadings ? The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.
You may even already have someone special in your life other than your spouse. There is no law prohibiting dating during the divorce process. Technically, infidelity is a criminal offense in Illinois, but this law is not enforced, and no one has been charged with adultery for decades.
Amendments to any divorce petition help the parties to correct their mistakes in such petitions. As a general rule, every petition, including a divorce petition, must state material facts and necessary particulars such that the decision of the court cannot be based on grounds outside the petition.
Modifying the Terms of Your Divorce by Court Order When former spouses are not in agreement regarding a modification to their existing divorce judgment, the Illinois courts will generally only grant a modification if there is evidence of a ?substantial change of circumstances.?
Amending a divorce decree is achieved by a petition for a post-divorce modification. However, the courts will not consider a modification unless there has been a significant change in circumstances that is both lasting and impacts the ability of one or both parties to comply with the original order.
Ways to Modify a Divorce Decree If only one spouse is seeking the modification, or the former spouses disagree on the terms of the modification, the spouse seeking the change must file a complaint for modification in the court where the divorce was decided.