Lynchburg, VA asked in Divorce for Virginia

Q: My ex and I agree to modify the morality clause to set a timeline of 6 months in a relationship before overnight stays.

Can I file an amendment myself in Bedford County, by typing the amendment and having us both sign it and having it notarized?

Would I then just take it to the court to be filed and pay court costs?

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1 Lawyer Answer
Wayne E. Holcomb
Wayne E. Holcomb
  • Newport News, VA
  • Licensed in Virginia

A: Unfortunately, probably not. There is a procedure that one must follow involving a Motion to Amend, but sometimes before that, we lawyers might have to file something to get the matter "before the court" A court cannot rule on something that's not rightfully in its view--even a Consent Order. Maybe your case is open, and maybe it's not, but there must be an open case for a court to take something up. It must have proper jurisdiction somehow. There are many factors that are important in this discussion. My advice is to involve a lawyer to get this done well and right. There is not a lot of work involved in what you are suggesting, so I do not think the cost will be overwhelming. My best to you all.

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