How to File a Petition of Modification

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    • 1). Obtain a copy of the original order you wish to have modified. You may already have a copy, or you can request a copy from the district clerk's office in the county where the original proceeding took place. There is usually a small fee for copies. You will need this to reference in your petition, and you may have to attach it as well.

    • 2). Review the laws in your state regarding modification. Every state is different in what is required to request a modification of a prior order and how to go about the request. Many state statutes are available online for your review, or you can go to the law library in your county to research applicable laws.

    • 3). Draft the Petition of Modification. You may find forms to use as a template to draft your petition, or you may use the statutes in your state as a guide. Follow the requirements carefully, however, because if necessary information is omitted, it could affect the outcome of your case and whether the petition is accepted.

    • 4). Finalize the Petition of Modification and make adequate copies for filing with the district clerk's office in your county. Once you are certain the document has all the needed information, you will sign the petition and make multiple copies. Every office is different, but you may call your clerk's office to see how many copies of a document they need for filing.

    • 5). File the Petition of Modification. You may do this in person or by mail at the district clerk's office in your county. There is a fee for filing, so you must be certain to include the correct amount in order for the clerk to accept the petition for filing. Once you have file-marked copies, you will be required to serve the other party with the documents to proceed with the case.

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