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.
Georgia Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name
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US-01385BG
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FAQ
The law does not allow a divorce resettlement in Georgia to be opened again. The law, however, has exceptions in this regard.
A divorce modification can be used to amend the terms for any part of a divorce, except for reversing the actual divorce. Some common reasons for filing a request for a divorce modification include changing the amount paid in child support, adjusting custody or the child visitation schedule.
As a general rule, a divorce decree can only be set aside in Georgia within three years of the divorce decree having been entered. OCGA § 9-11-60(f) establishes the exclusive time limitation for when a judgment is attacked by a motion to set aside.
The good news is that if you are simply reverting to your maiden name after a divorce, then many institutions will accept a copy of your birth certificate, marriage certificate, decree absolute and a signed declaration that you are reverting your maiden name for all purposes.
File a petition to the Clerk's Office of the Superior Court of the county where you reside. Contact the Clerk's Office of the Superior Court for information about how to submit a petition and pay fees. You must complete and sign all required paperwork for your petition.
A divorce modification can be used to amend the terms for any part of a divorce, except for reversing the actual divorce. Some common reasons for filing a request for a divorce modification include changing the amount paid in child support, adjusting custody or the child visitation schedule.
In Georgia, it is usually not difficult to dismiss your divorce action. If no counterclaim has been filed, the Petitioner just needs to file a Voluntary Dismissal with the court along with a Certificate of Service showing proof that the Petitioner has mailed mailed the dismissal to the opposing party.
Once the decree absolute has been granted, the marriage has officially ended and it is no longer possible to change your mind. If a couple decides at this point that they wish to be married, then they will have to remarry- unless there is a procedural irregularity it is not possible to reverse a decree absolute.