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.
California 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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60 days after either the trial court clerk or the other side serves you with (i) notice that the judgment or appealable order has been entered in your case or (ii) a copy of the judgment or appealable stamped "Filed"; or. 180 days after the entry of the judgment or appealable order.
There are two ways a divorce judgment can be changed which are by: Appealing the judgment to a California District Court of Appeals. Filing a motion to modify the terms of the agreement with the court where the original judgment was filed.
In California, a divorce can become contested for 3 specific reasons: There is a factual disagreement. There is a legal disagreement. Either one or both spouses refuse to settle their issues and terms of the divorce.
The court will consider reopening a divorce settlement only in exceptional cases either where a spouse has failed to provide full and frank disclosure about their wealth and income in divorce proceedings or there has been a material change in a spouse's circumstances since the agreement was reached.
There are two distinct ways in which a divorce judgment can be changed: Appealing the judgment to a California District Court of Appeals. Filing a motion to modify the terms of the decree with the court where the original judgment was filed.
Basic steps to change a name You pay a $435-$450 filing fee.
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. '
Once the divorce order is entered, the divorce is finalized. The court cannot generally go back and un-grant the divorce because a spouse changes their mind. The only way to set aside a divorce judgment may be to show there was some procedural problem like one spouse was never given notice of the divorce filing.