A judgment or decree in a divorce case may be modified for sufficient cause. This form is a sample of a motion of the petitioner in a divorce action seeking to modify a divorce decree and have her name changed back to her married name from her maiden name. This form is a generic motion and adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alabama Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name
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How to fill out Motion To Modify Or Amend Divorce Decree To Change Name Back To Married Name?
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If you are already divorced and did not change your name during the divorce proceedings, you can change your name through a court process. To change your name: Go to the Courthouse and file a notarized Petition for Change of Name. Submit a background check with your petition.
The main document you will need to change your name back to your maiden name after divorce is your certified copy of the divorce decree issued by the court. This document serves as proof that your marriage has been legally dissolved and allows you to change your name on various identification documents and records.
There may be filing fees of approximately $25-$100 dollars set by the court, and many counties require background checks, which also have an additional cost. The most commonly required background checks are an Alabama Criminal History Record (ALEA Report, linked below) and an FBI background check.
There is no time limit on changing your name in Alabama. If you are already divorced and wish to revert to your pre-marriage name you can simply file a petition to do so with the probate court through the same process that any adult would use to legally change their name.
You will need the following documents: Marriage Certificate. Birth Certificate. Decree Absolute. Signed declaration stating that you are switching back to your Maiden name 'for all purposes. '
You'll need to obtain some form of legal proof of a name change, most often a certified copy of your marriage certificate, divorce decree, or a court order changing your name. Then you'll use that proof to obtain a new Social Security card and driver's license before updating other official documents and records.
If only one former spouse seeks modification, he or she files a Petition to Modify the Decree. Both parties must then attend a hearing at which the petitioner (plaintiff) will state his or her case and the other spouse may rebut the argument. The judge will consider the arguments and approve or deny the petition.