A judgment or decree in a divorce case may be modified for sufficient cause. This form is a sample of an order granting a motion of the petitioner in a divorce action seeking to modify a divorce decree and have her name change back to her married name from her maiden name. This form is generic and for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Delaware Order Modifying or Amending Divorce Decree to Change Name Back to Married Name In Delaware, individuals who have gone through a divorce and wish to change their name back to their married name can do so by obtaining an Order Modifying or Amending Divorce Decree. This legal process enables one to revert to their former married surname. Whether the name change is desired for personal, professional, or familial reasons, following the appropriate steps is crucial to ensure a seamless transition. Types of Delaware Orders Modifying or Amending Divorce Decrees: 1. Consent Decree: In cases where both parties mutually agree on the name change, a Consent Decree can be obtained from the Delaware Family Court. This type of order reflects the agreement between the divorcing parties and allows for the requested name change back to the previous married name. 2. Court-Ordered Decree: If both parties do not agree on the name change, it becomes necessary to seek a court-ordered modification. In such situations, the individual seeking the name change must file a petition with the Delaware Family Court detailing the reasons behind the request. Once filed, the court reviews the petition and makes a decision based on the best interests of the involved parties. Key Steps in Obtaining a Delaware Order Modifying or Amending Divorce Decree: 1. Prepare the Petition: The first step is to draft a comprehensive petition outlining the reasons for the desired name change. This document should include personal information, details of the divorce decree, and the proposed change of name. 2. File the Petition: Once the petition is prepared, it must be filed with the Delaware Family Court. Filing fees may apply, so it is advisable to check the court's website or contact their office for the exact amount required. 3. Serve Notice: Proper notice must be given to the opposing party (ex-spouse) regarding the name change request. Delaware law stipulates specific rules and timelines for serving notice, so it is important to adhere to these guidelines diligently. 4. Attend the Hearing: Depending on the circumstances, a hearing may be scheduled, where both parties present their respective cases to the court. It is essential to prepare supporting documents, such as identification, divorce decree, and any relevant references to substantiate the name change request. 5. Obtain the Order or Decree: If the court approves the name change, an Order Modifying or Amending Divorce Decree will be issued. This legally allows the individual to revert to their former married name as indicated in the order. 6. Update Identification and Other Documents: After receiving the order, it is necessary to update all legal documents, identification, and records with the new/previous married name. This includes driver's licenses, Social Security records, banking information, passports, and professional licenses. By following these steps and obtaining a Delaware Order Modifying or Amending Divorce Decree, individuals can regain their former married name and move forward with confidence. It is always recommended consulting with an attorney or legal professional who can provide personalized guidance throughout the process and ensure compliance with Delaware's specific laws and requirements.
