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.
Michigan's motion to modify or amend divorce decree is a legal process that allows individuals to change their name back to their married name after divorcing. This is a common request for individuals who wish to reclaim their previous surname and revert to their married name as part of their post-divorce transition. The motion allows individuals to request a change to their name in a Michigan court, which is granted, results in an amended divorce decree reflecting the name change. There are two types of Michigan motion to modify or amend divorce decree to change name back to married name: 1. Uncontested motion: An uncontested motion occurs when both parties involved in the divorce agreement mutually agree to the name change. This situation is generally less complicated and more likely to be approved by the court, as there are no disagreements or disputes surrounding the change. 2. Contested motion: A contested motion arises when one party objects to the other party's request to change their name back to their married name. In this case, the court will hear arguments from both parties and decide whether the name change is reasonable and appropriate. Factors like the length of time since the divorce, the reason for the change, and any potential impact on children or other parties involved will be taken into consideration. To initiate the process of modifying or amending a divorce decree to change a name back to a married name in Michigan, the following steps are typically involved: 1. Completing the necessary paperwork: This includes drafting a motion to modify or amend the divorce decree, which specifies the desired name change. The paperwork should be detailed and include relevant information such as the original divorce case number, the reasons for the requested change, and any supporting documentation. 2. Filing the motion: Once the paperwork is completed, it must be filed with the same Michigan court that handled the original divorce case. A filing fee may apply, which varies depending on the county. The court will assign a hearing date. 3. Serving the other party: If the divorce was not amicable and the motion is contested, the serving process ensures that the other party is properly notified. This involves delivering the motion and supporting documents to that party, typically via a process server, certified mail, or another approved method. 4. Attending the hearing: Both parties must attend the scheduled hearing to present their arguments to the court. It is crucial to provide compelling reasons for the name change and address any objections the other party may raise. The court will consider all arguments and evidence before making a decision. 5. Obtaining a modified divorce decree: If the court approves the motion to change the name back to the married name, a modified divorce decree reflecting the name change will be issued. This decree should be kept as a legal record of the name change. In summary, the Michigan motion to modify or amend divorce decree to change the name back to a married name allows individuals to regain their previous surname after divorce. Whether uncontested or contested, the process requires filing the motion, serving the other party, attending a hearing, and obtaining a modified decree if the change is approved.
