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 Oklahoma Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name Introduction: The Oklahoma Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name is a legal process allowing individuals to request a change of their name back to their previous married name after a divorce. This article will provide a comprehensive overview of this motion, discussing its purpose, the different types available, and the step-by-step process involved. 1. Importance of Name Change after Divorce: After a divorce, many individuals wish to restore their previous married name for personal, professional, or emotional reasons. This motion offers an opportunity to reclaim their identity and regain a sense of autonomy. 2. Types of Oklahoma Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name: a) Administrative Motion: This type of motion can be filed if the divorce decree does not contain any provisions related to name change or if the divorce decree explicitly prohibits the restoration of the previous name. It involves seeking the court's approval for a name change, with a detailed explanation of the reasons behind the request. b) Corrective Motion: If the divorce decree mistakenly omitted or prevented the restoration of the previous name, a corrective motion is filed to rectify the error and request a name change. c) Substantive Motion: This type of motion is filed if the divorce decree allows for a name change but includes certain conditions or restrictions. The individual seeks court approval to modify those conditions and restore their previous married name without any limitations. 3. Process of Filing an Oklahoma Motion to Modify or Amend Divorce Decree: a) Consult an Attorney: Seek guidance from a family law attorney experienced in Oklahoma divorce proceedings to understand the requirements, eligibility, and legal implications of the motion. b) Prepare the Motion: Collaborate with your attorney to draft a comprehensive motion, including details about the divorce decree, specific sections permitting or prohibiting name changes, and reasons justifying the desired name change. c) Filing the Motion: Submit the motion to the appropriate court, paying attention to any additional documents or fees required. d) Serve the Other Party: Serve a copy of the motion to the opposing party involved in the divorce, following the court’s specified guidelines and ensuring proper documentation. e) Attend Court Hearing: Attend the scheduled court hearing to present your case to the judge. It's crucial to be adequately prepared, answer any questions, and provide supporting evidence justifying the name change. f) Court Decision: Based on the presented evidence, arguments, and adherence to legal requirements, the judge will decide whether to grant or deny the name change request. If approved, an amended divorce decree will be issued. Conclusion: The Oklahoma Motion to Modify or Amend Divorce Decree to Change Name Back to Married Name offers individuals a legal avenue to restore their previous married name after a divorce. By understanding the different types available and following the prescribed process, individuals can successfully initiate this motion and regain their desired name. Consulting an experienced family law attorney is strongly recommended navigating the process smoothly and ensure compliance with all legal requirements.
