A. General. After a decree becomes final, either party may petition the court to change the final court order in their case. The petition must be provided to the other party as though it were a new case, with service to be accomplished as set forth in Family Division Rule 2.4. Regardless of which party files the petition, the parties will maintain original party designations. The original petitioner is always the petitioner, and the original respondent is always the respondent, even though the respondent may be the party requesting change.B. Proper Filing. A properly filed petition to change the court order includes: A Petition to Change Court Order that states the names, dates of birth, and address(es) of the parties; the names and dates of birth the parties’ children; the parts of the Court’s order that are being requested to be changed; the specific changes that are being sought; reason(s) why the Court should change the order; a statement about the receipt of public/medical assistance; a personal data sheet; and the filing fee.C. Where to File Petitions to Change Court Order.
(1) A Petition to Change Court Order that refers to a family division order should be brought in the family division location that issued the order.(2) A Petition to Change Court Order that refers to a superior court order issued before the existence of the family division should be filed in the family division location where it would have been filed under Family Division Rule 2.3 B if the family division had been in existence at the time of original filing.D. Mediation. If the issues raised in the petition are not resolvable at the first post-decree hearing, the Court may order the parties to engage in mediation before scheduling further hearings.E. By Agreement. If the parties agree to change the final order, they may file an agreement with the court. No petition or service is required. The Court, in its discretion, may approve an agreement to change the final order without a hearing.F. Legal Separation To Divorce. Parties may agree in writing to change a decree of legal separation to one of divorce, subject to the Court’s determination that justice requires such a change.
