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.
Maryland Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name
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US-01385BG
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How to fill out Motion To Modify Or Amend Divorce Decree To Change Name Back To Married Name?
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If you are served a complaint for absolute divorce, you must respond by filing an answer. In an answer, you agree or disagree with the statements your spouse made in their complaint. You can use form CC-DR-050 (Answer to Complaint/Petition/Motion).
You can include a request to change your name back to your maiden name in the divorce petition or decree. However, not all states allow for this option, you may need to talk with your divorce lawyer to confirm the laws and regulations of your specific state to determine if this is possible.
If you took a new name when you were married and want to take back the name you used before the marriage, use a form titled Motion for Restoration of Former Name, or form CC-DR-097.
To ask the court for a name change, you need to file a petition. You can use the Petition for Change of Name of an Adult (CC-DR-60) or Petition for Change of Name of a Minor (CC-DR-062).
Petition for Name Change (CC-DR-060) Birth certificate (or other government ID proving a current name) A filing fee of $165 or complete a Request for Waiver of Prepaid Costs (CC-DC-089) to waive the filing fees (if qualified).
The easiest way to change your last name back to your former/maiden name is to do it during your divorce. You would ask the judge to restore your name either when you file for divorce or before you complete your divorce case. The Judgement of Dissolution of Marriage order will say that your maiden name is restored.
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.
To get started you'll need either a marriage certificate or a deed poll. You can go back to your former name even if you're not divorced! Whatever your situation, we refer to this document as your certificate. Financial institutions and government departments may ask for additional documents to safeguard your identity.