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: Understanding the Louisiana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Description: The Louisiana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal process that allows individuals who have gone through a divorce in Louisiana to petition the court for a name change, reverting to their former married name. This detailed description aims to clarify the different types of motions involved in this process and provide an overview of the key elements. 1. What is a Louisiana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name? A Louisiana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name refers to the formal request made to the court, seeking a change in name from the current legal name (adopted after divorce) back to the former married name. This motion provides an opportunity for individuals to reclaim their previous name, if desired. 2. Mandatory Waiting Period: In Louisiana, individuals must comply with a mandatory waiting period post-divorce before filing the motion. This waiting period ensures that both parties have ample time to address any outstanding issues related to the divorce decree before seeking a name change. 3. Types of Louisiana Motions to Modify or Amend Divorce Decree to Change Name Back to Married Name: a. Unilateral Motion: This type of motion is filed by one of the divorced parties, typically the individual who wishes to revert to their previous married name. The motion outlines the reasons for the requested name change, providing essential details such as the original married name and the desire to restore it. b. Joint Motion: In cases where both parties mutually agree to change the name, they can file a joint motion. This collaborative approach expedites the process, as both parties consent to the requested name change. The motion must include the signatures of both individuals involved. 4. Supporting Documents Required: To accompany the Louisiana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name, certain supporting documents are typically required, including but not limited to: — Copy of the original divorcdecreere— - Proof of identification (e.g., driver's license, passport) — Birtcertificateat— - Social Security card 5. Court Hearing and Resolution: Once the motion is filed, a court hearing is scheduled. This allows the judge to review the request and consider any potential objections. During the hearing, the requesting party may be required to provide additional documentation and reasoning for the desired name change. Upon reviewing the case, the judge either grants or denies the request, issuing an official order mandating the name change if approved. In conclusion, the Louisiana Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name enables divorced individuals to restore their former married name. By understanding the various types of motions and the process involved, individuals can confidently pursue the desired name change, ultimately reclaiming their previous identity.