Amend (change) your petition

If you’re the Petitioner in a family law case filed in a Washington State superior court, you might decide at some point that you must change a request in your Petition after you’ve already filed and served it. 

If you haven’t gotten any response to your Petition from the Respondent, in most cases, you can change (you can amend) your petition without having to get a judge's permission first. You do this by filling out a new petition, filing it, and serving it on Respondent. Do this as soon you can so it doesn’t delay your case. 

If you and Respondent agree on all issues in your case, you probably don’t need to amend your petition at all. Instead, ask your local court clerk or family law facilitator for the forms to finalize your case by agreement.

If Respondent has filed a response to your petition, you must either get Respondent’s signed written agreement to amend your petition or get a judge’s permission to file an amended petition. You get a judge’s permission by filing a motion.

A judge is likely to give you permission to amend your petition. Permission to amend “shall be freely given as justice so requires.” You can read the court rule about this at CR 15(a). Try to talk to a lawyer right away if you don’t get court permission. 

If you’re amending a divorce petition, the 90-Day waiting period doesn’t start over. It still starts on the date you filed and served your original petition. 

In many courts, you don’t need permission if you’re only changing your proposed Parenting Plan. Ask the clerk or court facilitator if you need permission for that in your county court. 

After you’ve amended your petition, you must wait for Respondent’s response deadline to pass before you can do anything else to move your case forward. You must wait either 10 days after serving your Amended Petition or Respondent’s deadline to respond to the first Petition you filed, whichever is longer.