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.
Title: Arkansas Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: A Comprehensive Guide Introduction: In the state of Arkansas, individuals who have undergone a divorce and wish to change their name back to their former or maiden name can file a Motion to Modify or Amend Divorce Decree. This legal process allows individuals to reclaim their previous name after a divorce has been finalized. This article aims to provide a detailed description of the Arkansas Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name, highlighting the different types of motions available. 1. Reasons for Changing Name Back to Married Name: People often choose to revert to their married name after divorce for various personal, professional, or emotional reasons. Some common motivations include reestablishing identity, using a familiar name that is already recognized by their children, avoiding confusion or complications in official records, maintaining a connection to their family heritage, or to symbolize closure and a fresh start. 2. Filing a Motion to Modify or Amend Divorce Decree: To initiate the process of changing one's name back to their married name in Arkansas, an individual must file a Motion to Modify or Amend Divorce Decree with the appropriate court. This motion outlines the desired name change and requests the court's approval to modify the divorce decree accordingly. 3. Types of Arkansas Motion to Modify or Amend Divorce Decree: Depending on the circumstances, there are two main types of motions that individuals can file to change their name back to their married name: a. Uncontested Motion to Modify or Amend Divorce Decree: This type of motion is used when both parties involved in the divorce agree to the name change request. Both spouses sign an agreement indicating their consent, which is then submitted to the court for approval. This streamlined process generally leads to an expedited name change. b. Contested Motion to Modify or Amend Divorce Decree: When one party does not agree or contests the name change request, the filing party may initiate a contested motion. This entails providing a valid reason for the name change and presenting evidence to support the request. The court will then review the arguments from both parties and make a final decision. 4. Steps Involved in Filing a Motion to Modify or Amend Divorce Decree: a. Consultation with an attorney: It is advisable to consult with an experienced family law attorney who can guide you through the legal process and ensure your motion is properly drafted. b. Drafting the motion: The motion must provide a clear explanation of the requested name change and the reasons behind it. It should also include relevant details such as the divorce case number, parties involved, and any supporting documentation. c. Filing the motion: The prepared motion is filed with the court's clerk along with the required filing fee. The court will assign a hearing date when both parties involved in the divorce will present their arguments. d. Serving the motion: The filing party must serve a copy of the motion to the opposing party involved in the divorce. This allows them an opportunity to respond and prepare for the hearing. e. Court hearing: Attend the scheduled court hearing and present your arguments for the name change. Be prepared to provide any additional evidence or documentation required to support your request. f. Court decision and issuance of order: Following the hearing, the court will evaluate the presented arguments and make a decision. If the motion is approved, the court will issue an order allowing the name change and modify the existing divorce decree accordingly. Conclusion: The Arkansas Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name provides individuals with the opportunity to reclaim their former or maiden name following a divorce. Whether filing an uncontested or contested motion, it is crucial to follow the legal process diligently. Seeking guidance from a knowledgeable family law attorney can help navigate the complexities of this procedure, ensuring a smooth transition to your desired name.
