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: North Carolina Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Description: In North Carolina, individuals who wish to revert to their previous married name after a divorce can file a Motion to Modify or Amend Divorce Decree. This legal process allows for the change of name stated on the divorce decree to be adjusted, granting individuals the ability to reclaim their former married name. With the assistance of this motion, individuals can reclaim their identity, restore legal records, and reestablish personal connections associated with their previous married name. Types of North Carolina Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: 1. Standard Motion: The standard Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is the primary process followed in North Carolina. A petitioner, typically the divorced individual, must file this motion in the same court where the original divorce decree was granted. The motion requests the court's permission to change the name back to the former married name. It is crucial to ensure that all required legal documentation is submitted accurately and in adherence to the court's guidelines. 2. Dispute Resolution Motion: If there are disagreements between the parties involved regarding the name change, a Dispute Resolution Motion may be necessary. This motion initiates a process where both parties can work towards resolving the disagreement amicably, potentially avoiding the need for a lengthy court battle. Dispute resolution methods may include mediation or negotiation, which can lead to a mutually agreeable solution regarding the change of name. 3. Emergency Motion: In certain circumstances, when an immediate name change is required, an Emergency Motion can be filed. This type of motion is typically used when there is an urgent need for a name change due to safety concerns or extreme personal circumstances. An Emergency Motion expedites the process by requesting an expedited hearing date, enabling the court to make prompt decisions in exceptional cases. 4. Reconsideration Motion: If an initial motion to change the name back to the former married name has been denied or objected to, a Reconsideration Motion can be submitted. This motion seeks a reevaluation of the court's decision, providing additional evidence or clarifications to support the name change request. A Reconsideration Motion can be a valuable option to rectify any misunderstandings or present new information which may impact the court's decision. 5. Joint Consent Motion: In situations where both parties agree on the name change after divorce, a Joint Consent Motion can be pursued. This motion demonstrates mutual consent and agreement, reducing the time, effort, and potential conflicts associated with the name change process. By jointly submitting this motion, both parties acknowledge the significance of changing the name back to the married name and agree to the modification of the divorce decree accordingly. Note: It is advisable to consult with a qualified family law attorney or legal professional specializing in divorce matters in North Carolina to ensure proper adherence to all legal procedures, forms, and requirements when filing for a Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name.
