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.
Georgia Order Modifying or Amending Divorce Decree to Change Name Back to Married Name
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US-01386BG
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How to fill out Order Modifying Or Amending Divorce Decree To Change Name Back To Married Name?
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FAQ
The State of Georgia gives either of the spouses in a divorce up to three years to start the process of having their divorce judgment set aside. The process does not need to be completed within three years of the date the decree was finalized, but the process must be started within that time frame.
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.
Cases that can be appealed include those related to alimony, child custody and support, divorce decrees, and the division of marital property. Appellate courts must deem your appeal as significant. Frivolous appeals are typically denied and may result in penalty fees for the appealing party.
In Georgia, you can file to modify the terms of your divorce, specifically concerning child custody, child support, and alimony. However, modifications are only allowed in certain circumstances. Below, we will discuss the reasons for modification and how to file.
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.
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.
