What Is The Process Of Modification?

The process of modification begins when a petition for modification is presented and filed with the court, after which a hearing will typically be set. Depending on the issues that are being presented in the motion to modify, the hearing may occur shorty after the petition is filed or take many months. In complicated cases, years of additional litigation and expense may be required. The specific process to file a modification will depend on the exact relief that’s being requested and a determination under the family code of how to go about filing it. For example, there may be certain forms that must be attached to the motion, deadlines that must be met, or other procedures that must be adhered to in order to have the issues properly presented in front of the court.

How Long Does it Generally Take For A Request For Modification To Actually Go Through?

The length of time that it will take for a request for modification to go through will depend on the issues being presented and the resistance or acquiescence of the other party. In some cases, modifications can go through in a matter of 30 to 45 days, while cases that involve disputes could take years. For example, if there is an issue involving child custody or potential abuse, then a judge would likely order social studies to be done. These social studies would be performed by independent, court-appointed social workers and could take months to complete. The studies would involve an interview with each parent as well as an interview with the child. In many cases, the courts will order the parties to mediation, which is a process whereby an independent mediator is appointed or agreed upon by a court to help the parties resolve disputed issues prior to a final hearing.

Why Is It A Good Idea To Retain An Experienced Divorce Attorney For A Modification?

In cases involving children, there are very specific languages that must be included in final orders and modification orders. Without prior understanding and experience in processing these types of requests, it would be very difficult for a non-lawyer to do this successfully, just as it would be difficult for a person who is not a medical doctor to perform a specific type of medical treatment. There may very well may be some very simple modification issues that can be handled amicably between parents and not require legal representation, but it’s generally not recommended. A little money spent on an attorney can save people a lot of headache and time in the long run.

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