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 When going through a divorce in California, individuals may choose to change their name back to their married name or any other preferred name. California's law allows for this modification or amendment through a Motion to Modify or Amend Divorce Decree. A Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal request made by a party involved in a divorce case to request the court to change their name back to their former married name. This motion is typically filed after the initial divorce decree has been finalized and set into effect. There are two main types of California Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: 1. Non-Contested Motion: This type of motion is filed when both parties mutually agree on the name change. They have discussed it and reached a consensus outside of court. In this scenario, the motion is submitted to the court for approval, and if there are no objections or conflicts, the court typically grants the requested name change. 2. Contested Motion: This type of motion is filed when one party wants to change their name back to their married name, but the other party disagrees or raises objections. In this situation, the court may require a hearing to resolve the issues. The party wishing to change their name must present valid reasons and justifications for the change, while the other party may present arguments against the name change. Ultimately, the court will make a decision based on the evidence and arguments provided by both parties. In both types of motions, several relevant keywords may be associated: — California Divorce Law: California-specific laws and regulations regarding divorce proceedings, including name changes, are essential to understand when initiating a motion to modify or amend the divorce decree. — Name Change: A legal process of altering one's name after a divorce. This may involve changing the surname back to a former married name or adopting a completely new name. — Divorce Decree: The official court order that finalizes the divorce settlement, including property division, child custody, and any other relevant decisions. This decree can be modified or amended through the motion to change the name. — Ex-Spouse: The former spouse who is involved in the divorce. The ex-spouse may or may not agree with the name change. — Hearing: A court proceeding where both parties appear before a judge to present their arguments and evidence related to the motion for name change. This hearing may be required in contested motions. — Objection: The act or statement of raising a concern or disagreement to the requested name change. This can occur when the ex-spouse opposes the name change, often due to potential confusion or legal issues. — Evidence: Supporting documents and testimonies provided by the requesting party to justify their desire to change their name back to their married name. This may include personal identification documents, marital history, social implications, or other relevant evidence. In conclusion, a California Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal process that allows individuals to request a name change after a divorce. It is crucial to understand the different types of motions and relevant keywords associated with the process to ensure a smooth and successful name change.
