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 Minnesota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Introduction: The Minnesota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name refers to the legal process through which an individual who has obtained a divorce can request to revert to their original married name. This motion allows individuals in Minnesota to restore their former surname and officially change their name post-divorce. In this article, we will explore the process, requirements, and types of motions available for changing one's name back to their married name in Minnesota. 1. Minnesota Statutes on Changing Name Post-Divorce: Under Minnesota law, individuals have the right to petition the court to change their name after a divorce has been finalized. The guidelines for name change requests can be found in Chapter 259 of the Minnesota Statutes. 2. Types of Motions Available: a. Motion to Modify Divorce Decree to Change Name: This motion is filed to request a modification of the divorce decree in order to change one's name back to their previous married name. It involves providing a valid reason for the name change and submitting the required documentation. b. Motion to Amend Divorce Decree to Change Name: Individuals who wish to change their name back to their married name can file a motion to amend their divorce decree. This motion typically involves following a similar process as the motion to modify, but with a focus on amending the divorce decree to include the name change. 3. Required Documents: To initiate the Minnesota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name, the following documents are typically required: — Completed name change application— - Certified copy of the divorce decree. — Proof of identification (e.g. driver's license, passport). — Fingerprint cards (for background checks). — Marriage certificate (to provide evidence of the previous name). — Payment of applicable fees. 4. Key Steps in the Process: a. Consultation with an attorney: Seek legal advice from an experienced family law attorney who can guide you through the entire process. b. Prepare and file the motion: Complete the necessary forms, including the name change application, and file them with the court where the divorce decree was issued. c. Serving the motion: Properly serve a copy of the motion to your ex-spouse, notifying them of the name change request. d. Attend the court hearing: Typically, a hearing is scheduled to review the motion. Both parties may present their arguments before the judge. e. Obtain the court order: If the court approves the motion, a court order will be issued, allowing the name change. Keep a certified copy of the court order for future reference. Conclusion: The Minnesota Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name provides individuals with the opportunity to restore their former married name after a divorce. By understanding the types of motions available, necessary documents, and the overall process, individuals can navigate the legal requirements effectively and obtain a court order to officially change their name back to their married name. It is advisable to seek legal assistance to ensure a smooth and successful name change process.
