Question about divorce petition

[supernanny]

What is the name of your state (only U.S. law)? GA

I filed a petition for divorce last Monday, when my husband told me he was going to move back overseas and leave me and my little boy. Since then, he has thankfully decided not to move, but we are still getting a divorce. We completed a marital separation agreement, but in the petition i asked for half the house and full custody of our son. In the agreement, we agreed he would keep the house, and we would share joint custody of our son. How can I modify the petition to show these changes without having to dissmiss the whole thing and refile? thanks.

 

[mistoffolees]

What is the name of your state (only U.S. law)? GA

I filed a petition for divorce last Monday, when my husband told me he was going to move back overseas and leave me and my little boy. Since then, he has thankfully decided not to move, but we are still getting a divorce. We completed a marital separation agreement, but in the petition i asked for half the house and full custody of our son. In the agreement, we agreed he would keep the house, and we would share joint custody of our son. How can I modify the petition to show these changes without having to dissmiss the whole thing and refile? thanks.

Where are you in the process? Are you still negotiating or is this the final decree signed by the judge?

If it's still pending, you can request whatever changes you wish. If he is to keep the house, you should certainly be asking to be reimbursed for 1/2 of the marital equity.

As for custody, are you talking about legal custody or physical custody? These days, joint legal custody is pretty much the default in most cases unless there's a good reason (history of abuse OR if one parent doesn't want it). The one that is trickier is physical custody. While shared physical custody is becoming more common, it requires that the parents work together well and live close enough for the logistics to work out. That is why it's probably still more common for one parent to have primary physical custody.

 

[LdiJ]

What is the name of your state (only U.S. law)? GA

I filed a petition for divorce last Monday, when my husband told me he was going to move back overseas and leave me and my little boy. Since then, he has thankfully decided not to move, but we are still getting a divorce. We completed a marital separation agreement, but in the petition i asked for half the house and full custody of our son. In the agreement, we agreed he would keep the house, and we would share joint custody of our son. How can I modify the petition to show these changes without having to dissmiss the whole thing and refile? thanks.

You simply submit an agreement to the court regarding what you have agreed upon. There is no need to modify the petition. Many people file petitions asking for one thing, but later agree to something else.