A judgment or decree in a divorce case may be modified for sufficient cause. This form is a sample of an order granting a motion of the petitioner in a divorce action seeking to modify a divorce decree and have her name change back to her married name from her maiden name. This form is generic and for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
North Carolina Order Modifying or Amending Divorce Decree to Change Name Back to Married Name: A Comprehensive Guide Introduction: In North Carolina, individuals who have gone through a divorce and wish to revert to their premarital name have the option to pursue an Order Modifying or Amending Divorce Decree. This legal process allows one to officially change their name back to their former married name. In this detailed description, we will provide an overview of the procedure, its requirements, and any additional information you may need to navigate the process successfully. Types of North Carolina Orders Modifying or Amending Divorce Decree to Change Name Back to Married Name: 1. Consent Order: In cases where both spouses are amicable and in agreement regarding the name change, a Consent Order can be filed. This type of order specifies that both parties have voluntarily agreed to modify the original divorce decree, allowing the person seeking the name change to assume their former married name. 2. Petition for Order Modifying Divorce Decree: If both parties are not in agreement regarding the name change, the individual seeking the change can file a Petition for an Order Modifying Divorce Decree. This legal document outlines the reasons for the request and must be filed with the appropriate court. Requirements to Obtain an Order Modifying or Amending Divorce Decree: 1. Divorce Decree: To initiate the process, individuals must have a finalized divorce decree from a North Carolina court. It is crucial to have this document readily available as it will be required to support the name change request. 2. Filing Petition: If both parties are not in agreement, the person seeking the name change must file a Petition for an Order Modifying Divorce Decree. The petition should include a clear explanation of the reasons for the desired change and any supporting documentation, such as identification records and personal statements. 3. Serving Court Documents: Once the petition is filed, it must be served to the former spouse. Service of the court documents ensures that the opposing party is aware of the requested modifications. Proper service methods should adhere to North Carolina state laws. 4. Court Appearance: If the former spouse contests the petition, a court hearing will be scheduled to allow both parties to present their arguments and supporting evidence. It may be beneficial to seek legal representation to navigate the hearing successfully. 5. Court Decision: After reviewing the evidence and hearing both parties, the court will evaluate the requested name change and make a decision. If the court grants the order, a new order modifying or amending the original divorce decree will be issued, allowing the individual to change their name back to their former married name. Conclusion: Obtaining a North Carolina Order Modifying or Amending Divorce Decree to Change Name Back to Married Name is a legal process that requires individuals to navigate the court system and adhere to specific requirements. Understanding the different types of orders, filing procedures, and possible court appearances is essential when seeking a name change after divorce. It is advisable to consult with an experienced attorney to ensure all necessary steps are followed accurately and increase the chances of a successful name change.
