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.
Title: Iowa Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Introduction: In Iowa, individuals who wish to alter their name following a divorce can do so by filing a Motion to Modify or Amend their Divorce Decree. This legal process enables an individual to change their name back to their remarriage or married name. This article will provide a detailed description and key information about this essential legal procedure. 1. Understanding the Purpose of Iowa Motion to Modify or Amend Divorce Decree: The Iowa Motion to Modify or Amend Divorce Decree is a legal document filed by individuals who have undergone divorce proceedings and are seeking to change their name back to their previous married name. 2. Types of Iowa Motion to Modify or Amend Divorce Decree: a) Motion to Modify Divorce Decree: This type of motion seeks to modify certain aspects of the original divorce decree, including changing names. Individuals who wish to change their name back to their former married name would file this motion to amend their decree. b) Motion to Amend Divorce Decree: Similar to the motion mentioned above, individuals can file a Motion to Amend their Divorce Decree for the purpose of changing their name back to their married name. This motion seeks to revise specific terms of the original decree. 3. Filing Process for Iowa Motion to Modify or Amend Divorce Decree: To initiate the process of changing a name back to a previous married name in Iowa, individuals must complete the following steps: a) Obtain the necessary forms: Begin by obtaining the appropriate forms from the Iowa Judicial Branch website or by visiting the local courthouse. b) Prepare the motion: Carefully fill out the motion, ensuring that all required information is accurately provided, particularly personal identification details, the reason for the name change, and any supporting documentation if required. c) Attach supporting documents: Depending on the circumstances and requirements of the court, supporting documents such as a certified copy of the divorce decree, marriage certificate, or other relevant documents may be necessary to provide evidence of the name change request. d) File the motion: File the completed motion to modify or amend the divorce decree, along with any supporting documents, at the local courthouse where the original divorce decree was issued. Pay any applicable filing fees. e) Serve notice to the other party: Notify the former spouse of the motion, as they may have the right to contest the name change request. Proper service of notice is vital to complying with legal requirements. 4. Considerations and Potential Challenges: a) Consent of both parties: It is important to note that obtaining the consent of both parties involved is not always required. The court will evaluate the request and make a determination based on whether the name change is in the best interest of the requesting party. b) Potential objections: It is possible for the former spouse or any involved party to object to the requested name change. In such cases, the court will assess the objections and may hold a hearing to determine whether the change should be granted. Conclusion: The Iowa Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name allows individuals who have undergone divorce proceedings to restore their previous married names. Understanding the process involved in filing this motion, along with potential challenges, is important during the name-changing process. It is advisable to consult with an experienced family law attorney to ensure compliance with all necessary legal requirements.
