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: Guide to New Mexico Motion to Modify or Amend Divorce Decree for Name Change Back to Married Name Introduction: If you're seeking to change your name back to your married name after a divorce in New Mexico, you can file a Motion to Modify or Amend Divorce Decree. This legal process allows you to regain your former name as stated in your marriage certificate. This comprehensive guide will outline the steps involved in this process and provide you with valuable information to navigate it successfully. Types of New Mexico Motions to Modify or Amend Divorce Decree for Name Change: 1. New Mexico Motion to Modify or Amend Divorce Decree to Change Name: This type of motion is filed when a divorced individual wants to revert to their previous or maiden name stated on their marriage certificate. It is essential to specify this request clearly in your motion, along with providing the supporting reasons. 2. New Mexico Motion to Modify or Amend Divorce Decree to Hyphenate Name: In certain cases, an individual may desire to hyphenate their name post-divorce. This motion allows them to request the addition of their former married name alongside their current name, forming a hyphenated name. It's vital to include a clear and reasonable explanation for this preference in the motion. 3. New Mexico Motion to Modify or Amend Divorce Decree for Name Change Other Than Previous Married Name: Sometimes, individuals wish to change their name to something different from their previous married name. This motion offers an opportunity to request an entirely new name. However, it's important to note that the court holds the discretion to approve or deny such requests based on their reasonableness. Procedure for Filing a New Mexico Motion to Modify or Amend Divorce Decree for Name Change: 1. Review the Divorce Decree: Thoroughly examine your original divorce decree to ensure it does not contain any explicit prohibition against changing your name. If there are any restrictions, consult an attorney to explore alternative legal options. 2. Research Name Change Laws: Familiarize yourself with the specific regulations governing name changes in New Mexico. Ensure you understand the necessary requirements, documents, and procedures involved in changing your name back to your married name. 3. Draft the Motion: Prepare a formal written motion stating your request for a name change. Clearly explain the reasons for your desired change, with relevant supporting evidence and any legal precedent that may support your case. Consult a family law attorney to ensure your motion meets all requirements. 4. File the Motion: Visit the appropriate New Mexico court where your divorce decree was initially issued. File the motion, paying any associated fees. Ensure you make copies of all documents for record-keeping purposes. 5. Serve Notice: Serve a copy of the filed motion to your former spouse or their legal representative. Some jurisdictions may require a specific method of serving notice, so consult local rules or seek professional advice. 6. Attend the Hearing: Upon receiving a court date and time, prepare for the hearing. Take all necessary documents, evidence, and witnesses supporting your motion to present your case effectively. 7. Await Court Decision: The judge will evaluate your motion and render a decision. If the motion is approved, you will receive a court order officially permitting the name change. This court order will serve as evidence for changing your name on official documents. Conclusion: By understanding the various types of New Mexico Motions to Modify or Amend Divorce Decree for Name Change and following the correct legal procedures, you can successfully regain your married name after divorce. Remember to consult an experienced family law attorney who can guide you throughout the process and ensure your motion complies with all applicable laws.
