Legal Petition for Modification

LEGAL PETITION FOR MODIFICATION

Court:   Case No.:

Petitioner Name:   Address:

Respondent Name:   Address:

RECITALS

WHEREAS, a final order or judgment affecting the rights and obligations of the parties was entered by the above-captioned Court on (the "Existing Order"); and

WHEREAS, since entry of the Existing Order, material changes in circumstances have occurred that render continued enforcement of the Existing Order inequitable or infeasible, including facts set forth in this Petition; and

WHEREAS, Petitioner seeks modification of specific provisions of the Existing Order to reflect present conditions and the best interests of the parties and any affected minor children.

NOW, THEREFORE

Petitioner respectfully requests that the Court grant the relief set forth below and enter an amended order modifying the Existing Order as prayed for in this Petition.

1. JURISDICTION

The Court has continuing jurisdiction over the parties and subject matter of this Petition under applicable statutes and the terms of the Existing Order. Petitioner asserts that venue is proper in this Court and that the Court may modify the Existing Order to the extent authorized by law.

2. BACKGROUND AND EXISTING ORDER

The Existing Order adjudicated the rights of the parties with respect to the following matters: . The material provisions to be considered for modification are described in Section 4 below.

3. GROUNDS FOR MODIFICATION

The grounds constituting a substantial change in circumstances include, without limitation:

4. TYPE OF MODIFICATION REQUESTED

Select the provisions proposed for modification (check all that apply):

Custody / Legal Decision-Making     Parenting Time / Visitation     Child Support

Spousal Support / Alimony     Property / Asset Division     Other:

Proposed effective date for modification:

5. PROPOSED AMENDED PROVISIONS

The Petitioner proposes that the Existing Order be amended as follows. Provide clear and specific proposed language for each provision to be modified.

6. TEMPORARY RELIEF REQUEST

Petitioner requests temporary or interim relief pending final hearing as follows (check and specify):

Temporary custody/possession as described in proposed terms     Temporary support in the amount of

Urgent hearing requested: If checked, basis for urgency:

7. NOTICE AND SERVICE

Petitioner certifies that a copy of this Petition for Modification and any accompanying documents will be served on the Respondent in accordance with the rules of civil procedure. Method of service proposed or completed:

8. ATTACHMENTS AND SUPPORTING DOCUMENTS

The following exhibits and documents are attached in support of this Petition (check or list):

9. VERIFICATION

I, the undersigned Petitioner, declare under penalty of perjury under the laws of the applicable jurisdiction that the foregoing is true and correct to the best of my knowledge, information, and belief.

10. MISCELLANEOUS PROVISIONS

Governing Law: This Petition and any order entered hereon shall be governed by and construed in accordance with the substantive laws of the state in which the Court is located.

Entire Agreement: The Existing Order, as modified by any order entered in this action, constitutes the entire agreement between the parties with respect to the subject matter addressed herein, and supersedes any prior oral or written agreements to the extent inconsistent.

Severability: If any provision of any order entered hereon is determined to be invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

Amendments and Waiver: No amendment or waiver of any provision shall be effective unless it is in writing and signed by the party against whom enforcement is sought. The failure to insist upon strict performance of any provision shall not constitute a waiver.

Counterparts: This Petition may be executed in counterparts and by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

1. Grant this Petition for Modification and enter an order modifying the Existing Order in the specific respects set forth above;
2. Grant temporary relief as requested pending final hearing;
3. Provide such other and further relief as the Court deems just and proper.

SIGNATURES

The undersigned declare under penalty of perjury that the statements contained in this Petition are true and correct.

Sign Now